Old Rent Checks Never Cashed

[juniorlawrence]

Old Rent Checks Never Cashed
What is the name of your state (only U.S. law)? Massachusetts

I lived in a semi-run downed apartment building for around 2 years; the first year I had a lease and the second year was tenant at will. For some reason or another my last two rent checks were never cashed? Not sure why. That was around two years ago; I recently received a noticed that I now owe the 2 months rent which was over 2 years ago.

I am normally a very upfront and honest person but this place towards the end of my time there was kinda a dump; oven didn't work paint chips falling everywhere; windows were old and drafty; had a crazy super.

So do I legally after two years owe the rent?

Thx for advice

 

[Zigner]

Old Rent Checks Never Cashed
What is the name of your state (only U.S. law)? Massachusetts

I lived in a semi-run downed apartment building for around 2 years; the first year I had a lease and the second year was tenant at will. For some reason or another my last two rent checks were never cashed? Not sure why. That was around two years ago; I recently received a noticed that I now owe the 2 months rent which was over 2 years ago.

I am normally a very upfront and honest person but this place towards the end of my time there was kinda a dump; oven didn't work paint chips falling everywhere; windows were old and drafty; had a crazy super.

So do I legally after two years owe the rent?

Thx for advice

Yes, legally AND morally, you owe the rent.

 

[Mass_Shyster]

Was your security deposit returned?

 

[juniorlawrence]

No security deposit never returned

 

[Mass_Shyster]

Did you receive a written description of the damage and an estimate of the repair cost for the security deposit within 30 days from the time the you moved out? Did this written description include the missing rent?

If no to either, you're probably off the hook.

 

[juniorlawrence]

The damage was done by me; the place was kinda always a dump.

I am just asking if I am legally obligated to re-issue the two rent checks from over 2 years ago

 

[juniorlawrence]

Sorry meant to say damage not done by me.

 

[Zigner]

The damage was done by me; the place was kinda always a dump.

I am just asking if I am legally obligated to re-issue the two rent checks from over 2 years ago

Again, yes.

 

[BL]

www.mass.gov/ago/docs/consumer/landlordtenant073007.pdf


See: 1V ( A )

 

[Mass_Shyster]

I am just asking if I am legally obligated to re-issue the two rent checks from over 2 years ago

It depends.

 

[Zigner]

www.mass.gov/ago/docs/consumer/landlordtenant073007.pdf


See: 1V ( A )

How does that state that THIS OP doesn't owe the money?

 

[Zigner]

It depends.

How do you figure? If the LL didn't follow the rules, then his remedy is to pursue return of his deposit in court. That doesn't change the fact that the OP owes for two months of rent that he acknowledges the LL never received.

 

[BL]

How does that state that THIS OP doesn't owe the money?

Did I say rent isn't owed ?

That fact is the uncashed checks would reflect so in the bank account.

So after the usual time the first check wasn't cashed ,he should have inquired to the Landlord.

All those excuses are jibberish.Tenants have remidies for such run down repair issues ,and this one did not utilize them,therfor they are meaningless ,legally.

 

[Mass_Shyster]

How do you figure? If the LL didn't follow the rules, then his remedy is to pursue return of his deposit in court. That doesn't change the fact that the OP owes for two months of rent that he acknowledges the LL never received.

Because this is Massachusetts, and Massachusetts courts hate landlords. If landlord didn't follow the proper procedure regarding the deposit, landlord will not recover in court.

 

[Zigner]

Did I say rent isn't owed ?

Nope - I just didn't know which direction you were heading.

That fact is the uncashed checks would reflect so in the bank account.

So after the usual time the first check wasn't cashed ,he should have inquired to the Landlord.

All those excuses are jibberish.Tenants have remidies for such run down repair issues ,and this one did not utilize them,therfor they are meaningless ,legally.

No arguments here!