overdrawn due to landlord

[faithnlve]

What is the name of your state? vt. My husband and I asked our landlord to hold our rent check until the 15th of this month. We have never been late. They agreed to do this and have a note on it. The accounting dept for the landlord cashed our rent check on the 12th instead which caused an overdraft of over 600.00 with fees at 120.00. The bank paid all the checks that went through, but charged us. Is the landlord responsible? He is saying no, that even though they agreed it is not their responsibility to hold the check. Faith

 

[BelizeBreeze]

What is the name of your state? vt. My husband and I asked our landlord to hold our rent check until the 15th of this month. We have never been late. They agreed to do this and have a note on it. The accounting dept for the landlord cashed our rent check on the 12th instead which caused an overdraft of over 600.00 with fees at 120.00. The bank paid all the checks that went through, but charged us. Is the landlord responsible? He is saying no, that even though they agreed it is not their responsibility to hold the check. Faith

The landlord is correct

 

[faithnlve]

even if its in writing to not cash check until the 15th? It was agreed by landlord not to do so. So he is not responsible for the overdraft fees from the rent check being cashed?

 

[BelizeBreeze]

even if its in writing to not cash check until the 15th? It was agreed by landlord not to do so. So he is not responsible for the overdraft fees from the rent check being cashed?

Nope. Unless you have a contract which stipulates that the check is to be deposited on a certain date and from what you wrote, you have no such contract.

 

[faithnlve]

management had in their own notes not to cash check until the 15th, which was the verbal agreement between the two parties. They cashed it on the 12th. That in itself should be a contract shouldnt it?

 

[BelizeBreeze]

management had in their own notes not to cash check until the 15th, which was the verbal agreement between the two parties. They cashed it on the 12th. That in itself should be a contract shouldnt it?

It should, it COULD but it isn't.

 

[Zigner]

But But But.....

Faith, I'm sorry - but you have no recourse. You should not write checks when you don't have the funds available.

 

[LindaP777]

You should not write checks when you don't have the funds available.

BINGO! Next time, don't give them a check until they can cash it.

 

[Cvillecpm]

OP should have paid their rent FIRST and let other bills be late - because rent is usually the largest check, having the landlord hold it so other checks will clear is a poor budgeting practice...pay rent FIRST and then pay other bills so that a roof is kept over your head.

Landlord is not responsible just like the bank is not responsible if you post date a check and it is cashed prior to the date.....

 

[BelizeBreeze]

And rental late fees are normally much less than bank overdraft charges. In fact, the landlord could also waive such fees whereas the bank almost never does.

Get it now faith?

 

[faithnlve]

ok, let me re-phrase my issue and question. We did have the money at the time. I had to have emergency surgery done. The rent check was mailed to landlord on time. The rent money was available. Because of emergency surgery, we had medical expenses come up that were unexpected. I called the housing dept (landlord) and told him my rent check was in the mail, but, could the management wait until the 15th to cash due to surgery now scheduled on the 9th and medical needs. He said yes. A note was made at the managment office not to cash check until the 15th. My hubby gets paid again on the 15th. I got a call on the 12th from my hubby that they cashed the rent check on the 12th and because they cashed it then it caused my checks paid out to the doctors to be paid by the bank, whom in turn charged us bank charges. Now, since the management agreed not to cash the check and did hold it long after they got it, wouldnt this be a contract?? I feel they are responsible for this horrible ordeal we are now going through. Thanks Faith

 

[LindaP777]

Sorry, I do not see it that way. If they could have held off until the 15th, that would have been a nice favor to you. They probably fully intended to wait (we'll never know) but the note was lost, signals crossed, overlooked - whatever. The bottom line is you are responsible for you finances, not your rental management company.

 

[faithnlve]

they stll have the note in my file to hold rent check until the 15th. does that make a difference?

 

[Gevalia]

they stll have the note in my file to hold rent check until the 15th. does that make a difference?

No.

 

[BelizeBreeze]

they stll have the note in my file to hold rent check until the 15th. does that make a difference?

nope. it's just a note. Not an agreement and not a contract.