Uncashed Rent Check

[thementor]

What is the name of your state? Iowa.

I hired an attorney to sue my landlord in small claims court for failing to return my deposit within the legally allowed time. About a month after the deposit was due, and before the court case next week, she sent a lesser amount. She deducted an amount equal to one month's rent because she claims to have lost my final month's rent check (could be true, the check has not been cashed). I will proceed with the court case, in order to make her pay the legal fees I accumulated trying to get back my deposit.

Here's the question. I contend that, since I did provide her with a check for the final month rent, I fulfilled my obligation to pay her. Her loss is her loss. What kind of legal arguement can I make to the judge in support of my contention? Or will I be forced to deduct the amount of the lost rent check from the court settlement? If so, I will, of course, charge her for the cost of placing a hold on the lost check.

thanks in advance,
thementor

 

[Who's Liable?]

didn't we already answer this post?

 

[john123456]

What is the name of your state? Iowa.

I hired an attorney to sue my landlord in small claims court for failing to return my deposit within the legally allowed time. About a month after the deposit was due, and before the court case next week, she sent a lesser amount. She deducted an amount equal to one month's rent because she claims to have lost my final month's rent check (could be true, the check has not been cashed). I will proceed with the court case, in order to make her pay the legal fees I accumulated trying to get back my deposit.

Here's the question. I contend that, since I did provide her with a check for the final month rent, I fulfilled my obligation to pay her. Her loss is her loss. What kind of legal arguement can I make to the judge in support of my contention? Or will I be forced to deduct the amount of the lost rent check from the court settlement? If so, I will, of course, charge her for the cost of placing a hold on the lost check.

thanks in advance,
thementor

What did your attorney say when you asked him/her?

 

[Who's Liable?]

The judge will most likely say: "where is the receipt from the LL PROVING you paid rent?"

 

[stevek3]

What is the name of your state? Iowa.

I hired an attorney to sue my landlord in small claims court for failing to return my deposit within the legally allowed time. About a month after the deposit was due, and before the court case next week, she sent a lesser amount. She deducted an amount equal to one month's rent because she claims to have lost my final month's rent check (could be true, the check has not been cashed). I will proceed with the court case, in order to make her pay the legal fees I accumulated trying to get back my deposit.

Here's the question. I contend that, since I did provide her with a check for the final month rent, I fulfilled my obligation to pay her. Her loss is her loss. What kind of legal arguement can I make to the judge in support of my contention? Or will I be forced to deduct the amount of the lost rent check from the court settlement? If so, I will, of course, charge her for the cost of placing a hold on the lost check.

thanks in advance,
thementor

Call me kooky, but shouldn't you be discussing your argument and the applicable law with the very lawyer
you've already hired to represent you in open court?

 

[thementor]

Responses by thementor

RE: Haven't we already answered this question?
I searched the forum and didn't find a similar discussion. My original post was my first post on this website, so you haven't previously responded to my request. If you can direct me to that alternate thread, I would be most appreciative.

RE: The judge will most likely say: "where is the receipt from the LL PROVING you paid rent?"
I have a carbon copy of the check I wrote. The check was delivered by overnight US Postal service with the letter that contained my 30 days notice and forwarding address. I have the postal receipt and proof of delivery. The letter (and check) was sealed in the overnight envelope in front of a notary public who notorized my signature over the seal of the envelope. I took these extreme precautions because I've seen this woman demonstrate a pattern of irresponsibility/deceit and predicted trouble may come to be. I was home when the overnight letter was placed in her mailbox and saw her take the letter out of her mailbox (she lived in the adjoining duplex unit). Finally, she sent me a hand-written letter stating that she had lost my check. She can't have lost it unless she had it at one time. Surely, this is proof enough.

RE: Shouldn't you be discussing this with the attorney you've already hired to represent you?
Yes. And I have. She said we can ask the judge, but didn't know how it would turn out. I was hoping to draw on the combined experience of others to get some guidance.

RE: "and the applicable law"
What is the applicable law? I've searched the Iowa Code of Laws and can't find anything regarding satisfaction of payment. Please help. Is it a federal law?

thanks in advance,
thementor

 

[Who's Liable?]

Finally... Someone who did something right...

Fisrt of all, the only way to GUARANTEE paying rent, and for the LL to ACKNOWLEDGE they received rent is for them to give you a receipt that has their name(LL or MNG company), amount paid, date, signature, and the words: "For Nov. Rent" or whatever month it is... That receipt is all the proof you need in the world. As a tenant, you have the right to demand a receipt... If the LL does not give one, you have to take extreme measures to make sure they get the check...

From reading your post, you did a lot more than most people do... Keep the letter the LL wrote and present it to a judge if you go to court. Bring everything! The receipt from the Post Office, A copy of the Notorized letter, etc. Do not leave anything out!!!

First of all... a carbon copy is useless... Anyone can write a check, throw it in the garbage and claim they sent it in to pay rent, and show the carbon copy... A money order is also not a guaranteed way to pay rent either. The MO stub is not proof that you paid rent, it is simply proof that you purchased a MO.

People need to understand that a receipt from the LL as I mentioned above is the only way to GUARANTEE that the rent will be paid... If you have that receipt, and the LL loses your check, you do not have to give the LL another check. You just march down to the office, with the receipt in hand, and show them their signature where they ACKNOWLEDGED you paid rent.

 

[stevek3]

RE: Haven't we already answered this question?
I searched the forum and didn't find a similar discussion. My original post was my first post on this website, so you haven't previously responded to my request. If you can direct me to that alternate thread, I would be most appreciative.

RE: The judge will most likely say: "where is the receipt from the LL PROVING you paid rent?"
I have a carbon copy of the check I wrote. The check was delivered by overnight US Postal service with the letter that contained my 30 days notice and forwarding address. I have the postal receipt and proof of delivery. The letter (and check) was sealed in the overnight envelope in front of a notary public who notorized my signature over the seal of the envelope. I took these extreme precautions because I've seen this woman demonstrate a pattern of irresponsibility/deceit and predicted trouble may come to be. I was home when the overnight letter was placed in her mailbox and saw her take the letter out of her mailbox (she lived in the adjoining duplex unit). Finally, she sent me a hand-written letter stating that she had lost my check. She can't have lost it unless she had it at one time. Surely, this is proof enough.

RE: Shouldn't you be discussing this with the attorney you've already hired to represent you?
Yes. And I have. She said we can ask the judge, but didn't know how it would turn out. I was hoping to draw on the combined experience of others to get some guidance.

RE: "and the applicable law"
What is the applicable law? I've searched the Iowa Code of Laws and can't find anything regarding satisfaction of payment. Please help. Is it a federal law?

thanks in advance,
thementor

Wow. Do you keep records of what you have for breakfast, too? Quick, what flavor of Pop Tarts did you eat on the morning of February 26, 1998?

No, actually, you covered yourself well. Plus, if she's stupid enough to lose checks, then she probably isn't going to hire herself counsel, either.

With respect to the law, you might want to look in the UCC (Uniform Commercial Code) for some guidance in the form of the definitions of what constitutes this, and what constitutes that. States usually adopt whatever it says. If it says the acceptance of dog nipples as payment in full now constitutes an accord and satisfaction, chances are your dog nipples did what you intended.

 

[thementor]

RE: With respect to the law, you might want to look in the UCC (Uniform Commercial Code) for some guidance in the form of the definitions of what constitutes this, and what constitutes that.

Thanks for the guidance. I've located a website with the Iowa UCC;
http://www2.legis.state.ia.us/IACODE/1999/554/
I'm having a hard time picking through the legal terminology and was hoping for some help finding and interpreting the relevant portion of the Iowa code, (in regards to satisfaction of payment and lost checks). Sections 554.2511 and 554.3414 seemed most relevant. If so, I've been unable to translate the 'legalese' into english that I would understand. Are these the relevant parts of the Iowa UCC? If so, what do they mean?

thanks,
thementor