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Landlord Threatening Eviction for Nonpayment of Rent - But Rent *Was* Paid

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ATXRenter

Junior Member
What is the name of your state? TX

We are renting a house, and as per our lease, sent our monthly rent check on Dec. 1. Landlord sent an email on Dec. 2 indicating the check had been rec'd, no problem.

Then, about a week later, we get a phone call from our landlord late Sunday night (about 9pm). He was very upset and agitated, and started yelling over the phone that he was evicting us for nonpayment of rent. We said we did not understand, as the rent was paid on time (as it is every month), and that there were plenty of funds in our account to cover the rent check. We did not know what he was on about.

He said that he deposited the rent check on 12/5, and that his bank presented it for payment three times, only to have it declined by my bank, who told him the account did not exist.(????) Well, that really puzzled me, as I've had an account with my bank for over 10 years, and never experienced a problem like this before.

So I called my bank to verify the account status was active (it is), and that funds were available to cover the rent check (they are), then I asked them to run a search on the check number to see if it had indeed been presented for payment three times. Their records showed it had *never even been presented once* for payment, had no record of any attempts to cash the check.

So I called the landlord back and told him that my bank didn't know what he was talking about, either. I asked if he had a copy of the original check, showing the bank's stamp where it had been presented for payment. I said that I felt an error had perhaps occurred on his bank's end (these things can happen), and that he should call his bank in the morning to try and straighten it out with them.

He became enraged at this, saying "my bank never makes mistakes!" (who ever heard of a bank that *doesn't* make mistakes sometimes?), and then demanded that we deliver him a cashier's check for the rent PLUS $141.00 in additional "daily late fees" plus "bank charges" no later than noon tomorrow, or he will have us evicted ASAP.

We said, "now, hold on a minute..."

We've been great tenants with a solid rental history and never missed a rent payment, so this one comes right out of the blue. If the problem was with *his* bank, it seems that they should refund the charges to him for their error. Is it legal for a landlord to charge the tenant late fees/bank charges for something that was *his* bank's fault?

We have a paper trail to prove all that we have said here, and our bank can submit written proof that the account was active and funds available on the date rent check was delivered.

Then again, I have to wonder if he's just trying to get rid of us because he's found another tenant who will offer more for this property, and cooked this whole crazy story up. I'm not sure what he is up to...

He called back an hour later and told us to just write him a NEW check (for the rent only, although he is still trying to get us to pay the extra $141), and place it under the welcome mat for him to drop by and pick up in the morning. I'm not real crazy about this idea - this time, I want to make sure the check is placed DIRECTLY IN HIS HANDS, not leave any options for him to say, "I didn't receive it," or whatever.

So, I agreed to cut him a new check right away, and deliver it to him personally (how's that for a good faith effort??). He said "no, I'll just come by and get it from under the doormat first thing in the morning."

Hmmm...this also seemed strange. My concern is this - on a Sunday night, I can't call my bank to get a stop payment on the original rent check, and that won't be effective first thing tomorrow morning. What if he takes BOTH checks to the bank and cashes BOTH of them? What could stop him from doing so? If he does this, what legal recourse do we have?

Also, shouldn't he present his request for the additional late fees, etc.. to me IN WRITING instead of over the phone? Doesn't he need to show me the invoice from his bank detailing the bank charges he supposedly incurred? How do we know he isn't just making this stuff up as he goes along?

He can't just pull a random monetary figure out of the sky and then claim this amount is due him without any proof that what he is saying is true? Will we have to subpeona these documents? Take him to court?

Of all the deadbeat landlord schemes I've heard, this one seems like a new twist. Ever heard of a landlord trying to pull something shady this way?

And if he IS lying, how do we catch him? Thanks!:)
 
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ATXRenter

Junior Member
Yes, getting a receipt IS a really good idea. In this case, the landlord's email indicating he had rec'd the rent check on Dec. 2 should at least suffice as proof of receipt - at least, in lieu of a canceled check.
 

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