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bounced check

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legalnewbe

Junior Member
What is the name of your state?AZ - stupidly bounced a check to landlord, do i owe landlord for the following fees he incurred: bounced check fee from his bank, bounced check fee from check he wrote to his mortgage company, mortgage company’s late payment fee.

thanks~
 


Veronica1228

Senior Member
legalnewbe said:
What is the name of your state?AZ - stupidly bounced a check to landlord, do i owe landlord for the following fees he incurred: bounced check fee from his bank, bounced check fee from check he wrote to his mortgage company, mortgage company’s late payment fee.

thanks~
I would say you definitely have to pay for the bank fee from the NSF check. The other stuff would depend on if the amounts of the other fees are included in any stipulation in your lease or posted at the Property Manangement Company (if one exists).

Either way, you did create big problems for your landlord because of your stupidity (just quoting you), so why don't you feel obligated to pay his fees for him? If not legally, then morally. You got him in this mess now you get him out of it.
 

legalnewbe

Junior Member
yes yes, i do feel bad and plan on making things right i just wanted to know my legal standing becuase he has not given me any documentation of his charges... as far as the lease, the only thing i see is about the late payment fee.
 

Veronica1228

Senior Member
legalnewbe said:
yes yes, i do feel bad and plan on making things right i just wanted to know my legal standing becuase he has not given me any documentation of his charges... as far as the lease, the only thing i see is about the late payment fee.
Ask him to provide you with the documentation. He should be able to get it from his bank disclosures, bank statement, or other notices that he received regarding these charges. It should be relatively simple.
 

south

Senior Member
Yes he can charge you a late fee and a bounced check fee...

In my agreements I charge $50 for bounced checks and a late fee and enforce it regardless of excuses.

When you bounce a check it costs the landlord time and money no landlord wants to make more runs to the bank than he has to, it time consuming and annoying.



legalnewbe said:
yes yes, i do feel bad and plan on making things right i just wanted to know my legal standing becuase he has not given me any documentation of his charges... as far as the lease, the only thing i see is about the late payment fee.
 

Who's Liable?

Senior Member
Veronica1228 said:
I would say you definitely have to pay for the bank fee from the NSF check. The other stuff would depend on if the amounts of the other fees are included in any stipulation in your lease or posted at the Property Manangement Company (if one exists).

Either way, you did create big problems for your landlord because of your stupidity (just quoting you), so why don't you feel obligated to pay his fees for him? If not legally, then morally. You got him in this mess now you get him out of it.

There is NO LAW that states a tenant must pay his LL's mortgage fees whether they were incurred from late payments, bounced checks or not...

In this case the LL is SOL as he can only charge what is in the lease... IF it states in the lease that the LL will charge a $50 NSF fee, than that is all he is entitled to, and anything that is in AZ LL/T laws...

In this case, the argument you mke that the tenant should have had enough money in their account to cover the check can be made for the LL... The LL should have made sure they hadd enough money in their accounts to cover the check they wrote, REGARDLESS of a tenant paying late or bouncing a check...
 

Veronica1228

Senior Member
Who's Liable? said:
There is NO LAW that states a tenant must pay his LL's mortgage fees whether they were incurred from late payments, bounced checks or not...

In this case the LL is SOL as he can only charge what is in the lease... IF it states in the lease that the LL will charge a $50 NSF fee, than that is all he is entitled to, and anything that is in AZ LL/T laws...

In this case, the argument you mke that the tenant should have had enough money in their account to cover the check can be made for the LL... The LL should have made sure they hadd enough money in their accounts to cover the check they wrote, REGARDLESS of a tenant paying late or bouncing a check...
Read my response again, and then come down off of your high horse. I don't appreciate being yelled at by a neophyte.
 

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