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  1. #1
    vizion27 is offline Junior Member
    Join Date
    Apr 2010
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    Landlord won't cash rent checks, am I protected?

    Hi, I live in NYC. My landlord has not cashed the last two months of rent. I always pay on time so there's no problem there. This landlord is fairly new and not very responsive when communicating with them. They always seem to give me the run around.

    Anyway, since I'm maling the rent to their PO Box, I don't get a rent receipt. I've been sending the rent with delivery confirmation as sort of my personal proof that it was sent.

    Now I'm wondering, could they somehow be pretending to not receive my rent and then hit me with an eviction notice? Additionally, would those delivery confirmation slips hold up in court to say they were mailed to them? I'm not really sure what to think and perhaps I'm jumping to conclusions but it's just frustrating to check my bank every day in the hopes that they cash the checks and the money is still there.

    Any input would be appreciated
  2. #2
    AdivceGiver is offline Member
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    Jan 2011
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    You sound like my mother after she sends me a check for my birthday (cash the check so my checkbook jives with my bank statement) lol.

    Really, what motive would they have for not cashing them? Eviction? Hum..

    I don't see them being able to evict you.

    If its a LLC or Corp., send a note to their registered agent (go to Sec. of State website for who to send the letter to) and ask them to cash your checks (so you can balance your checkbook lol). If a private ownership then send the LL a letter.
  3. #3
    Who's Liable? is offline Senior Member
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    Quote Originally Posted by AdivceGiver View Post
    You sound like my mother after she sends me a check for my birthday (cash the check so my checkbook jives with my bank statement) lol.

    Really, what motive would they have for not cashing them? Eviction? Hum..

    I don't see them being able to evict you.

    If its a LLC or Corp., send a note to their registered agent (go to Sec. of State website for who to send the letter to) and ask them to cash your checks (so you can balance your checkbook lol). If a private ownership then send the LL a letter.
    Probably one of the worst posts for providing information from a newbie.

    Sending a note is worthless as the LL is NOT required to immediately cash the check. Depending on the state, they may be legally allowed to cash the check 6 months from issuance. To which the OP better have the money still in their account.

    Next time post something useful and beneficial to the OP and not accuse them of being behind on rent.
  4. #4
    BL
    BL is offline Senior Member
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    In the good old US of A
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    19,356
    Landlords must provide tenants with a written receipt when rent is paid in cash, a money order, a cashier’s check or in any form other than the personal check of a tenant. Where a tenant pays the rent by personal check, the tenant may request in writing a rent receipt from the landlord. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. The receipt must be signed by the person receiving the payment and state his or her title. Real Property Law § 235-e.
  5. #5
    Searchertwin is offline Senior Member
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    May 2006
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    Quote Originally Posted by AdivceGiver View Post
    You sound like my mother after she sends me a check for my birthday (cash the check so my checkbook jives with my bank statement) lol.

    Really, what motive would they have for not cashing them? Eviction? Hum..

    I don't see them being able to evict you.

    If its a LLC or Corp., send a note to their registered agent (go to Sec. of State website for who to send the letter to) and ask them to cash your checks (so you can balance your checkbook lol). If a private ownership then send the LL a letter.
    Just because you are a newbie doesn't mean you gave bad advice. He can call and ask the LL why he is not cashing the checks or he can send a ccr letter if it is bothering him that much to ask why he is not cashing the checks. He has that right, just as the LL has the right to keep the checks for a period of time. There probably a good reason why. So just ask.
  6. #6
    Join Date
    Jan 2011
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    387
    Quote Originally Posted by Who's Liable? View Post
    Probably one of the worst posts for providing information from a newbie.

    Sending a note is worthless as the LL is NOT required to immediately cash the check. Depending on the state, they may be legally allowed to cash the check 6 months from issuance. To which the OP better have the money still in their account.

    Next time post something useful and beneficial to the OP and not accuse them of being behind on rent.
    I see a good reason to send the LL a letter; and just because I'm a newbie to this forum means nothing.

    If you cannot figure the reason out then you should ask advicegiver why this would/could help.

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