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Landlord holding my rent check threatening eviction

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Mary1912

Junior Member
What is the name of your state?What is the name of your state? Ohio

Need some advice here. My landlord does not accept personal checks from us any longer due to us bouncing an item about 2 years ago. We have paid via cashier's check since then. However, my parents offered to pay our rent this month and sent in a check via Fed Ex from California. I didn't even think that they wouldn't accept THEIR check.

When I got a notice rent was late I called and they said they don't accept checks from anybody for us. Period. Well, the language in our notice isn't that clear but whatever.

So I asked where my check was since this was Thursday and I didn't receive it back yet. After an hour she called me back and gave me a vague answer that amounted to "it's in the mail today". I asked why it takes 4 days to return a check to its owner and she hemmed and hawed about how they are busy and get a lot of mail.

The check did not arrive in my mailbox today and it should have. Now I can't pay my rent, which I was told was due tomorrow or I will face eviction!! They have been holding my money for FOUR business days and did not return my money to me in a timely manner. Do I have any recourse here against a possible evicition? I told her how ridiculous it was that they sat on it for FOUR days before returning it to me and nary a phone call or anything. Essentially her answer was they are too busy to do that.

I guess they are not too busy to file eviction notices either but what do you think? Would I have a case before the judge? I understand late fees...I'll pay them all. But when the landlord has my property and does not return it in a timely manner, knowing that the receipt of that money will enable me to pay them, how can they justify filing an eviction on us?

Help please!
 


seniorjudge

Senior Member
Mary1912 said:
What is the name of your state?What is the name of your state? Ohio

Need some advice here. My landlord does not accept personal checks from us any longer due to us bouncing an item about 2 years ago. We have paid via cashier's check since then. However, my parents offered to pay our rent this month and sent in a check via Fed Ex from California. I didn't even think that they wouldn't accept THEIR check.

When I got a notice rent was late I called and they said they don't accept checks from anybody for us. Period. Well, the language in our notice isn't that clear but whatever.

So I asked where my check was since this was Thursday and I didn't receive it back yet. After an hour she called me back and gave me a vague answer that amounted to "it's in the mail today". I asked why it takes 4 days to return a check to its owner and she hemmed and hawed about how they are busy and get a lot of mail.

The check did not arrive in my mailbox today and it should have. Now I can't pay my rent, which I was told was due tomorrow or I will face eviction!! They have been holding my money for FOUR business days and did not return my money to me in a timely manner. Do I have any recourse here against a possible evicition? I told her how ridiculous it was that they sat on it for FOUR days before returning it to me and nary a phone call or anything. Essentially her answer was they are too busy to do that.

I guess they are not too busy to file eviction notices either but what do you think? Would I have a case before the judge? I understand late fees...I'll pay them all. But when the landlord has my property and does not return it in a timely manner, knowing that the receipt of that money will enable me to pay them, how can they justify filing an eviction on us?

Help please!

Your landlord told you two years ago he would not accept personal checks from you for your rent and you have not paid your rent and now you are facing eviction, right?


Q: Would I have a case before the judge?

A: No. You have not paid your rent.
 

Leinalani

Member
Now I can't pay my rent, which I was told was due tomorrow or I will face eviction!!
That's not their problem. If your parents hadn't agreed to pay your rent, you would STILL have to pay the LL.

They have been holding my money for FOUR business days and did not return my money to me in a timely manner. Do I have any recourse here against a possible evicition?
Yes, pay your rent.

I told her how ridiculous it was that they sat on it for FOUR days before returning it to me and nary a phone call or anything. Essentially her answer was they are too busy to do that.
It's your job to make sure your rent is paid, not the LLs.

I guess they are not too busy to file eviction notices either but what do you think?
I think a responsible LL would do what he/she needed to do to protect their investments.

Would I have a case before the judge?
Probably not.

I understand late fees...I'll pay them all. But when the landlord has my property and does not return it in a timely manner, knowing that the receipt of that money will enable me to pay them, how can they justify filing an eviction on us?
You should have had your parents write the check to you instead of them.

Please explain "timely manner" to me according to your opinion.
 

treese

Senior Member
Who exactly is the check made out to? If it's the LL, how in the world are you going to cash it to get rent money?

Why couldn't your parents have written you a check?

You could have prevented the entire situation. After all, you had an inkling that the LL would not accept your parents check from the get go.

The LL is legally justified in filing an eviction against you for non payment of rent.
 

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