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return check fee's

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jrgig

Junior Member
Hi, I hope someone can give me some advice about this. On Nov 30th, I gave my landlord our rent for Dec. They cashed the check at their bank on the 1st. On the 9th of Dec, I received a call that the check bounced! :confused: Needless to say I immediately called our bank, which is out of state. They informed me that on the 3rd of Dec, the bank had a system failure, and that the corporate office was sending out letters of explantion to its customers. I went directly to the nearest ATM, pulled out the max available amount of money i can in a days time, paid my landlord that, then told them I would do the same over the next 2 days in cash to repay the check. I also told them I would also pay the return check fee, right is right, even thou it wasnt our fault. Upon doing that, I was informed that because by the time the rent was paid in full, i was also being charged 25.00 for the rent being late..ok..again, I didnt complain, its in our lease. Our bank was also reimbursing us the return check fee that their bank charged them, again, because this was no fault of ours. Yesterday, I get a call from my landlord and he says we owe them an additonal 300.00 in return check fees that their bank charged them because our check bounced...Now Im MAD..can they do that? I have checked my lease, and dont see anything about that in it. My bank says they are not responsible beyond reimbursing us back the overdraft charges once we faxed them a copy of their return check fee, which I already pd them and my bank has also reimbursed us as well. I NEED HELP!! Thank youWhat is the name of your state (only U.S. law)?
 


FarmerJ

Senior Member
You fail to say what state you live in, I do not think your LL would be entitled to more than the one fee you paid, check your states laws for max NSF check fee caps so you know how much they are , Your LL did the one thing most people take for granted deposited the money and didnt wait before spending it. I believe that was not a good choice, I suggest you re read your lease and if the lease does not address this matter write the LL a letter sent via confirm mail del or certificate of mailing (just over 1.00) and tell the LL you wont be paying it since the lease does not state you must pay any other NSF fees generated by his use of the acct. Push comes to shove let him take you to court and prove to a court he is entitled to the fees caused by his lack of patience/ low balance. BTW keep a copy of the letter for your records and do not expect a renewed lease.
 
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