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08-05-2005, 11:35 PM
| | Junior Member | | Join Date: Aug 2005
Posts: 3
| | | "Rent" as described in lease
What is the name of your state?Texas
Is rent Paid by personal check, dated the first, with a request to hold the check until the third , rent? or is it late rent with fees becuase the "check" was not "good Funds"?? Not addressed in lease. I couldn  't make it to the bank on the first before 6:00 when I received my pay,but did on the second. LAndlord held check till 3rd,demanded fees thru 3rd. |
08-06-2005, 12:28 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 2,506
| | | Geez - just pay the guy. You were late in getting the money to him. You owe him. Just be happy he didn't go and deposit the check rigtht away (which can be done despite post-dating), causing you lots of bank fees. |
08-06-2005, 01:14 AM
| | Senior Member | | Join Date: Jul 2002 Location: 3ft from the kitchen
Posts: 2,092
| | Hang on let me work this out it may take me one second.
YOUR LATE!!!! Pay the late fee.
You hardly have to be Einstein to work out why you have a late fee. Quote: |
Originally Posted by evenhow What is the name of your state?Texas
Is rent Paid by personal check, dated the first, with a request to hold the check until the third , rent? or is it late rent with fees becuase the "check" was not "good Funds"?? Not addressed in lease. I couldn 't make it to the bank on the first before 6:00 when I received my pay,but did on the second. LAndlord held check till 3rd,demanded fees thru 3rd. |
__________________ I am not prejudice I hate everyone ... Southism If there were no such thing as suing there would be less injuries.... Southism  |
08-06-2005, 01:17 AM
| | Senior Member | | Join Date: Oct 2004 Location: Phoenix, AZ.
Posts: 2,456
| | | It all matters what it states in your lease... If your lease states rent is due on the 1st of the month, then rent is due on the 1st of the month regardless of personal issues/problems...
If you paid on the 1st of the month, but the LL deposited the check on the 3rd of the month, then you are ok as you fulfilled the terms of the lease by paying on the 1st.
Sounds like you gave a check to the LL on the 1st, but didn't make a deposit until the second, by which time the LL had already deposited your check on the 1st, it came back as an NSF, the funds you deposited on the 2nd were available for withdrawl on the 3rd at which time the LL was able to deposit your check...
You are liable for late fees up until the date your check is deposited...
__________________
Who's Liable? Chance are it's you!
A Money Order, or Bank Cashiers Check stub is NOT proof you paid rent. It's proof you purchased a Money Order or Bank Cashiers Check.
I am not a lawyer blah blah blah, This is an entertainment forum blah blah blah, basically I cannot be held liable!  |
08-06-2005, 01:21 AM
| | Senior Member | | Join Date: Jul 2002 Location: 3ft from the kitchen
Posts: 2,092
| | I think you missed a line 'Who's Liable?'
The OP said: dated the first, with a request to hold the check until the third
He paid the check first but requested to hold until 3rd, well that is not paying your rent on time, if this was ok then everyone would say here is my check please do not cash for another few weeks. Quote: |
Originally Posted by Who's Liable? It all matters what it states in your lease... If your lease states rent is due on the 1st of the month, then rent is due on the 1st of the month regardless of personal issues/problems...
If you paid on the 1st of the month, but the LL deposited the check on the 3rd of the month, then you are ok as you fulfilled the terms of the lease by paying on the 1st.
Sounds like you gave a check to the LL on the 1st, but didn't make a deposit until the second, by which time the LL had already deposited your check on the 1st, it came back as an NSF, the funds you deposited on the 2nd were available for withdrawl on the 3rd at which time the LL was able to deposit your check...
You are liable for late fees up until the date your check is deposited... |
__________________ I am not prejudice I hate everyone ... Southism If there were no such thing as suing there would be less injuries.... Southism |
08-06-2005, 01:38 AM
| | Member | | Join Date: Oct 2001 Location: TX
Posts: 638
| | Yep, south, you've got it...a tenant asked the landlord to make the rent late and then complains about late fees.
When you figure out this line of thinking, pleeeeze let me know, 'kay?  |
08-06-2005, 08:04 AM
| | Junior Member | | Join Date: Aug 2005
Posts: 3
| | | You need to think about this. I made payment on the first. The check was not post dated, it was dated the first.
I asked them to hold the check to make sure my funds had cleared(electronic is so fast these days)until the third. My check was dropped off in the nightdrop which I am entirely in the right to do on the first. In other words I made promise of guaranateeing funds but not gurantee of the banking practices which can affect the way checks are now held.
The check couldn't be deposited until the 2nd anyway.
They were not obligated to hold the check. They had a check dated the first.I did not withhold funds.
And They had the option to hold the check....which they did months ago for 17 days....and which they have done ususually not depositing until the third anyway. They have ignored my letters about the 17 day issue which did cost me money since i am on a limited income with a disabled son.
They have work outstanding which I made demand in my letter on the first with my check.....work not done for over 3 months.
The landlord held my check until the night of the third(after dark) before informing me she wouldn't accept the check. She should have contacted me the 2nd. If the terms are day by day on which she is working. So she says rent plus $50 .late fee and day fee...Yet they set precedence way back by holding my check until the 17th...the 10th...etc.
Rent as described in the lease is payment on the first. Good funds are not addressed in he lease. No description of when my check must clear is addressed in the lease. My check was dated the first. They could, by banking practices,have deposited the check on the first no matter what you write on the check. I made my rent. I asked for a gurantee that they would work with me on the bank practices.
They said I was obligated to assure good funds on the first. I did. I did ask that they work with on making sure it would clear after my fund deposit. It is not addressed in the lease. In Texas good funds are not described that way.
Anyone see the nuance here?
My lease does not described the rules of their depositing practices...to which I must adhere.
They could have deposited the check on the 2nd since they were not obligated to hold the check they had in hand dated the first.  |
08-06-2005, 08:16 AM
| | Senior Member | | Join Date: Feb 2005
Posts: 2,506
| | | I can't believe you're still arguing this.
From your own post "asked them to hold the check to make sure my funds had cleared(electronic is so fast these days)until the third".
So you tell the LL that they can't get your money till the third, but you want credit for giving them the money on the first? It doesn't work that way. Pay the man. |
08-06-2005, 02:04 PM
| | Senior Member | | Join Date: Oct 2004 Location: Phoenix, AZ.
Posts: 2,456
| | | It is the renters RESPONSIBILITY to MAKE SURE there are FUNDS available in their checking account so the check does not bounce... The LL can do what he wants with the check however he feels like it... If he holds it for 17 days, then he holds it, it is not your decision as to what the LL does with the check or how they deposit it...
Would you apply the same rationale in paying for groceries? Would you buy $100 in groceries and then demand that they hold the check you paid with "until my pay is deposited"? I think not, the same applies for the LL
Do not blame the bank or the LL for your money woes... It is not their responsibility...
__________________
Who's Liable? Chance are it's you!
A Money Order, or Bank Cashiers Check stub is NOT proof you paid rent. It's proof you purchased a Money Order or Bank Cashiers Check.
I am not a lawyer blah blah blah, This is an entertainment forum blah blah blah, basically I cannot be held liable! |
08-06-2005, 02:15 PM
| | Senior Member | | Join Date: Dec 2004 Location: Wait a sec... I will look outside.
Posts: 5,951
| | | um
there is no argument... rent gets paid when it is due... beep ... there is no argument rent paid when it is due.. beep
wish we had a automatic smiley button like that . Sheesh.. I wish a lot of things.. I wish that Haagen- daz coffee Ice cream cured freckles and that my daughter would not marry until she gets her PHD.. but ... Oh well..
At least My doberman is over the paper fetish and on to cardboard... but the cover of my new Harry Potter book is gone.. but the pages are still there... funny how he does that.
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."
Sam Spade to Effie Perine.
|
08-06-2005, 05:12 PM
| | Senior Member | | Join Date: Jul 2002 Location: 3ft from the kitchen
Posts: 2,092
| | What are you waffling on about?
You gave your check on the 1st with instructions not to deposit until 3rd that means you are telling the landlord he cannot get his money until the 3rd .... YOUR LATE.
If you argument was grounded then everyone could hand checks over on the 1st with instructions not to cash until Christmas.
Do not bother saying we need to think about this... YOU THINK ABOUT IT. Quote: |
Originally Posted by evenhow You need to think about this. I made payment on the first. The check was not post dated, it was dated the first.
I asked them to hold the check to make sure my funds had cleared(electronic is so fast these days)until the third. My check was dropped off in the nightdrop which I am entirely in the right to do on the first. In other words I made promise of guaranateeing funds but not gurantee of the banking practices which can affect the way checks are now held.
The check couldn't be deposited until the 2nd anyway.
They were not obligated to hold the check. They had a check dated the first.I did not withhold funds.
And They had the option to hold the check....which they did months ago for 17 days....and which they have done ususually not depositing until the third anyway. They have ignored my letters about the 17 day issue which did cost me money since i am on a limited income with a disabled son.
They have work outstanding which I made demand in my letter on the first with my check.....work not done for over 3 months.
The landlord held my check until the night of the third(after dark) before informing me she wouldn't accept the check. She should have contacted me the 2nd. If the terms are day by day on which she is working. So she says rent plus $50 .late fee and day fee...Yet they set precedence way back by holding my check until the 17th...the 10th...etc.
Rent as described in the lease is payment on the first. Good funds are not addressed in he lease. No description of when my check must clear is addressed in the lease. My check was dated the first. They could, by banking practices,have deposited the check on the first no matter what you write on the check. I made my rent. I asked for a gurantee that they would work with me on the bank practices.
They said I was obligated to assure good funds on the first. I did. I did ask that they work with on making sure it would clear after my fund deposit. It is not addressed in the lease. In Texas good funds are not described that way.
Anyone see the nuance here?
My lease does not described the rules of their depositing practices...to which I must adhere.
They could have deposited the check on the 2nd since they were not obligated to hold the check they had in hand dated the first. |
__________________ I am not prejudice I hate everyone ... Southism If there were no such thing as suing there would be less injuries.... Southism |
08-06-2005, 08:25 PM
| | Member | | Join Date: Aug 2005 Location: 2 states of Desert
Posts: 31
| | | Why????
Why even ask the LL to hold it until the 3rd?? Generally, if you are in good standing with your bank, they will pay the check for you whether or not you have enough funds (overdraft protection.....) Your bank may or may not charge you a fee for this, if they do, take it up with the bank. It seems better than having a negative history or seeming flaky with your LL if you can avoid that. Just a thought....
Last edited by auntyrae; 08-06-2005 at 08:26 PM.
Reason: typo
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