Tenant has not replaced lost rent check

[ckkjgc]

What is the name of your state? California

We lost the certified check that our tenant wrote us in Ocober 2004. She told us at that time that she had to wait six months before the bank would be able to replace it, as they would need to ensure that it would not be cashed.

Since the six months elapsed in April of this year, she has not provided the missing month's rent, although I have spoken to her about it several times. (She always needs to look through her records or something.)
I don't know if it's legally relevant but she is a Section 8 tenant.
Any advice is appreciated.

 

[Who's Liable?]

Did you give your tenant a formal receipt? IF so, you are SOL

Read your LL/T laws regarding section 8 tenants...

 

[zippysgoddess]

If you did not provide her with a receipt, or have proof of this event, then contact the Section 8 office. In order to keep her housing voucher, she must remain in good standing with her landlord(s), if not, she will be removed from the program. Tell them what happened, and that she will not pay you the money owed, they will send her a notice giving her so much time to pay, or they will void her voucher.

As a landlord with a Section 8 tenant, (it is in all that paperwork you fill out and sign) you are supposed to notify them anytime you have problems with a tenant. Since she won't respond to reason, let them slap her hard, and wake her up. I am suspicious that she used the money for something else, and now doesn't have it to pay you, but her HUD caseworkers will tell her to find it or else.

(I am on Section 8 due to my DH's and I both being disabled, so I know the laws, and how this works, it is a federal, not state program.)

If you need more information go to www.hud.gov

 

[HomeGuru]

What is the name of your state? California

We lost the certified check that our tenant wrote us in Ocober 2004. She told us at that time that she had to wait six months before the bank would be able to replace it, as they would need to ensure that it would not be cashed.

Since the six months elapsed in April of this year, she has not provided the missing month's rent, although I have spoken to her about it several times. (She always needs to look through her records or something.)
I don't know if it's legally relevant but she is a Section 8 tenant.
Any advice is appreciated.

**A: was this the tenants portion of the rent or was this the Section 8 check?

 

[zippysgoddess]

Good question HG, I hadn't thought of that, if the check you lost wasn't written by the tenant, then you would have to go to the agency who wrote it to get replacement.

 

[HomeGuru]

Good question HG, I hadn't thought of that, if the check you lost wasn't written by the tenant, then you would have to go to the agency who wrote it to get replacement.

**A: I have firshand expericne with this. Once it took 6 months to get a Section 8 replacement check. That's how slow government works.

 

[ckkjgc]

Thanks for your answers.
The rent check in question was the tenant's portion, not the housing agency's. I did not give her a receipt.
I would prefer to write her a letter that states her legal obligations, Section 8 or not, rather than go through the city housing agency (usually a very inefficient and slow process).
My concern is that so much time has elapsed that I cannot legally collect.

 

[PghREA]

We lost the certified check that our tenant wrote us in Ocober 2004.

Don't get too upset at the tenant, you are the one that lost the check.

 

[ckkjgc]

I am giving her the benefit of the doubt. I never saw the check.

 

[Ellerge]

Lost check

You never saw the check because there was never a check! She is lying to you!

 

[Who's Liable?]

I am giving her the benefit of the doubt. I never saw the check.

What's the full story?

First you said you lost her check, therfore impying that you did see it and receive it ... Now you are saying you never saw the check... Which is it?

 

[zippysgoddess]

Yes, that makes no sense. I am also not sure it is ethically appropriate to hold her responsible for something that YOU lost, I mean if she handed it over, and you misplaced it, how can you be mad at her?

 

[HomeGuru]

since the writer has not given us the true and complete story, I'm out of here.

 

[Who's Liable?]

Yes, that makes no sense. I am also not sure it is ethically appropriate to hold her responsible for something that YOU lost, I mean if she handed it over, and you misplaced it, how can you be mad at her?

That is still NOT proof that a tenant paid rent... only a RECEIPT fomr the LL is proof you have paid rent...

 

[ckkjgc]

OK, the "full story" is we were on vacation, my sister was staying at our house, the tenant's helper (the tenant is disabled) brought up the check, but we never saw it, so its either "lost" or "misplaced" or whatever. the point is it was NEVER cashed. It's not just "it was your fault, you're out of luck". What if the check was for $10,000 from a mortgage bank after the closing of an escrow account that you then (stupidly) misplaced before it could be deposited. Would the bank just get to keep your money? Of course not. They would charge you a fee and issue another check. We have offered to pay any fees to the tenant to have the check replaced.
I'm not trying to pull anything, it just seems a matter of fairness. We are not big landlords--we have ONE tenant, and need the income from this apartment.
That's just about it...