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is lanlord responsible for overdraft fees?

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lilyfairy

Junior Member
What is the name of your state? OR

I have a question for my friend, here it goes: She tried to deposit her boyfriends check in her account through the atm, the bank rejected it because he is not on the account, this was supposed to be rent money. While she was waiting for the check to be sent back to her via mail, she went to the lanlord asked that he hold a check for her for four days, which would be the 5th of the month, the last day you can pay rent with no fee, knowing that she would get paid on that day. She gave the check early because she knew she would not have time because she works long hours in the days to come. The lanlord agreed to hold the check.
Then the lanlord deposited the check on the 3rd, which posted on the 4th, and made her incurr multiple overdraft fees on her account. Can the lanlord be held responsible? Or does she have to eat it up....

Any insight or advice gladly taken, thanks
 


BelizeBreeze

Senior Member
lilyfairy said:
What is the name of your state? OR

I have a question for my friend, here it goes: She tried to deposit her boyfriends check in her account through the atm, the bank rejected it because he is not on the account, this was supposed to be rent money. While she was waiting for the check to be sent back to her via mail, she went to the lanlord asked that he hold a check for her for four days, which would be the 5th of the month, the last day you can pay rent with no fee, knowing that she would get paid on that day. She gave the check early because she knew she would not have time because she works long hours in the days to come. The lanlord agreed to hold the check.
Then the lanlord deposited the check on the 3rd, which posted on the 4th, and made her incurr multiple overdraft fees on her account. Can the lanlord be held responsible? Or does she have to eat it up....

Any insight or advice gladly taken, thanks
The landlord is not responsible for her inability to manage her money. Tell her she's going to eat it .
 

Ohiogal

Queen Bee
lilyfairy said:
What is the name of your state? OR

I have a question for my friend, here it goes: She tried to deposit her boyfriends check in her account through the atm, the bank rejected it because he is not on the account, this was supposed to be rent money. While she was waiting for the check to be sent back to her via mail, she went to the lanlord asked that he hold a check for her for four days, which would be the 5th of the month, the last day you can pay rent with no fee, knowing that she would get paid on that day. She gave the check early because she knew she would not have time because she works long hours in the days to come. The lanlord agreed to hold the check.
Then the lanlord deposited the check on the 3rd, which posted on the 4th, and made her incurr multiple overdraft fees on her account. Can the lanlord be held responsible? Or does she have to eat it up....

Any insight or advice gladly taken, thanks
She is legally responsible.
 

lilyfairy

Junior Member
okay....So just that I am clear, the last post, did you mean that the lanlord is legally responsible, or my friend, the tenant?
 

lilyfairy

Junior Member
So I take it a verbal agreement here between lanlord and tenant, does not count? She even post dated the check the 5th, to help remind the lanlord not to cash till then. Just want to make sure I understand this, and then I am done, thank you agian for taking the time to reply to this post.
 

You Are Guilty

Senior Member
lilyfairy said:
So I take it a verbal agreement here between lanlord and tenant, does not count? She even post dated the check the 5th, to help remind the lanlord not to cash till then. Just want to make sure I understand this, and then I am done, thank you agian for taking the time to reply to this post.
That wasn't a verbal "agreement", it was a "request". That's why the tenant is on the hook.
 

lilyfairy

Junior Member
Okay update on this situation, my friend talked to her lanlord, and apparently he forgot to tell his wife not to cash it,so he said to her he was sorry and if she shows him a bank statement showing that she incurred fees then he will reimburse her max $50. She is very happy, and thank you all for your help and advice, just glad to see a happy ending.
 

Zigner

Senior Member, Non-Attorney
lilyfairy said:
okay....So just that I am clear, the last post, did you mean that the lanlord is legally responsible, or my friend, the tenant?
Your Friend is responsible for illegally floating the check.
 

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