Uncashed rent checks

[Devedander]

Good to know. Anyone wanna venture as to why this issue was suddenly brought up 5 years after the fact?

 

[BL]

Yes, I , and one or two others gave you some answers , if you would have been paying attention instead of insulting our intelligence .

The Fact is you never inquired . You just assumed . It is/was your banking account that YOU wrote the checks on , and it was your funds in the account , no one else's .

You should not have spend the rent funds , that's a fact .

 

[HomeGuru]

I hope that puts an end to this thread.

 

[Devedander]

Actually I was referring to the fact that debts have a 6 year lifespan and 5 years seems an awfully odd time to just happen to bring it up unless it's 1 year short of being void...

Which you would have seen... had you paid attention to the ultimate answer given... instead of being unpleasant and unecessarily defensive...

And a little more attention would have turned up that I am not the OP...

But yes I would think this post is done with.

 

[SkeeterBug]

This story real strange

To all who thinks the op is making this up. I believe the op because this story is so strange I don't think anyone could make it up.

NOTE TO OP

when you discovered that the rent money was still in your account. Why didn't you transfer it to a seperate bank account and maybe leave it there for if and when LL asked for it. That way the temptation isn't as bad to spend it because I for one would find it awful tempting to spend it.

 

[south]

When he discovered it!! He knew about it every month that went by I would bet he even told his friends/girlfriends etc, no one that pays rent would not notice that month after month checks were not being cashed.... He was probably laughing about it and more than likely only moved because the months built up so much he figured he better leave now before the landlord remembers.

Those checks were written to the landlord with a promise to pay, he decided to spend the money, no where on the check does it say if you do not cash you give up your rights to the rent money.

when you discovered that the rent money was still in your account. Why didn't you transfer it to a seperate bank account and maybe leave it there for if and when LL asked for it. That way the temptation isn't as bad to spend it because I for one would find it awful tempting to spend it.

 

[Devedander]

I wouldn't know. I have direct deposit on everything but rent and I look at my bank account about once every 6 months when something odd comes up I need to check on. I am well aware this is a horrible way to keep track of your money but I am not in fear of being short so I don't bother to look...

Then again I pay cash for almost everything so the only thing I need to reconcile is things like electricity and cable...

 

[AChamberlain]

Well everybody, thanks for all your input. This really did happen - and is still happening. The landlord's lawyer (I spoke on the phone w/ him yesterday) LIVES in my old apartment - and the reason this all came up is because 2 weeks ago the LL asked him for about 4 1/2 years of back rent - this led to a big search for rent checks, and mine among others were found in various piles strewn throughout this fella's house. I asked the lawyer, did he write the check and he said "yes - I cut him a check for over $50,000)
I think it's sh**ty business practice, and maybe I should've hung on to the $ but years ago someone told me the statute is 3 years - there is a law on the MI books that says that there's a 3 year statute on collecting on a check, but only ensuing after an attempt to cash the check has been made. This attorney actually threatened yesterday to try to cash the checks, telling me I would be hit with all kinds of check bouncing fees. Bottom line _ He has the checks, I have a letter stating that there were no late payments - he wrote it as a letter of reference to another apartment. I never intended to cheat anyone, but I sure will try to get out of this now if I can. If not, oh well. Thanks again, it was fun and somewhat informative to read your posts.

 

[HomeGuru]

Well everybody, thanks for all your input. This really did happen - and is still happening. The landlord's lawyer (I spoke on the phone w/ him yesterday) LIVES in my old apartment - and the reason this all came up is because 2 weeks ago the LL asked him for about 4 1/2 years of back rent - this led to a big search for rent checks, and mine among others were found in various piles strewn throughout this fella's house. I asked the lawyer, did he write the check and he said "yes - I cut him a check for over $50,000)
I think it's sh**ty business practice, and maybe I should've hung on to the $ but years ago someone told me the statute is 3 years - there is a law on the MI books that says that there's a 3 year statute on collecting on a check, but only ensuing after an attempt to cash the check has been made. This attorney actually threatened yesterday to try to cash the checks, telling me I would be hit with all kinds of check bouncing fees. Bottom line _ He has the checks, I have a letter stating that there were no late payments - he wrote it as a letter of reference to another apartment. I never intended to cheat anyone, but I sure will try to get out of this now if I can. If not, oh well. Thanks again, it was fun and somewhat informative to read your posts.

**A: next time pay the total in a cashier's check.

 

[south]

You cannot be pissed... It was a good try you thought you could get away with it, but the bottom line is nothing is being asked from you other than the rent you owe, the fact you may have gone on a celebration spending spree because you KNEW the landlord was not cashing the checks or perhaps was to senile to realize is neither here nor there.

You should have always kept that money to one side it was not yours to spend.

Would I have done the same thing? Hell yeh I would not have mentioned anything either, but there again I would not have spent the money owed until way after there was any chance to collect.

Well everybody, thanks for all your input. This really did happen - and is still happening. The landlord's lawyer (I spoke on the phone w/ him yesterday) LIVES in my old apartment - and the reason this all came up is because 2 weeks ago the LL asked him for about 4 1/2 years of back rent - this led to a big search for rent checks, and mine among others were found in various piles strewn throughout this fella's house. I asked the lawyer, did he write the check and he said "yes - I cut him a check for over $50,000)
I think it's sh**ty business practice, and maybe I should've hung on to the $ but years ago someone told me the statute is 3 years - there is a law on the MI books that says that there's a 3 year statute on collecting on a check, but only ensuing after an attempt to cash the check has been made. This attorney actually threatened yesterday to try to cash the checks, telling me I would be hit with all kinds of check bouncing fees. Bottom line _ He has the checks, I have a letter stating that there were no late payments - he wrote it as a letter of reference to another apartment. I never intended to cheat anyone, but I sure will try to get out of this now if I can. If not, oh well. Thanks again, it was fun and somewhat informative to read your posts.

 

[Devedander]

**A: next time pay the total in a cashier's check.

This is a bit of a pain in the butt, but I agree it's the safest way to pay rent. Also your bank will often make a cahsiers check out to you for free, then just sign it over to your manager so you don't have to pay th $5 or whatever for each check. Make sure you get a receipt for this kind of payment.

And south I think he was under the impression the debt was beyond it's life. Whether he should have checked to make sure is still there but all the same...

 

[ENASNI]

I hope that puts an end to this thread.

exactamundo!

 

[south]

Ahhh my old friend 'Under the Impression' he has a way of creeping up on you and taking large size bites out of your butt.

And south I think he was under the impression the debt was beyond it's life. Whether he should have checked to make sure is still there but all the same...

 

[Veronica1228]

To the OP

By the way, even though the checks are "stale-dated" your bank could decide to go ahead and process or pay them if the account is still open and they are presented for payment. It would be legal to do so, and it is the decision of the bank's unless you place a stop payment on the checks.

Read your bank disclosures (available at any branch lobby). It releases them from any liability in these types of cases.

 

[ENASNI]

Well THAT is some definite "need to know" information!!