overdrawn due to landlord

[Zigner]

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

Ok, let me rephrase my answer.
You are not supposed to write checks when you don't have the money to cover it.
Additionally, you are not supposed to write checks and then, before said checks clear, remove the money from the bank.
Additionally, no matter how you look at it, you wrote checks for which the funds were not available. That's called "floating" and it is not supposed to be done (no matter how often it actually *is* done).
I'm sorry to hear that you had to have emergency surgery, but, in a true emergency, the healthcare provider would have performed the surgery regardless of payment.

 

[moburkes]

I'm sorry to hear that you had to have emergency surgery, but, in a true emergency, the healthcare provider would have performed the surgery regardless of payment.

Agreed. I'm trying to think of an emergency, when you have insurance, in which case you are forced to full for it in full before you will be treated. No public hospital requires that. Unless, this wasn't a true emergency, but a treatment that you deemed more important than paying your rent.

 

[faithnlve]

You are not supposed to write checks when you don't have the money to cover it.
Additionally, you are not supposed to write checks and then, before said checks clear, remove the money from the bank

first of all do YOU read posts thoroughly!!? 1. I contacted my attorney yesterday, and the landlord IS responsible. The landlord did agree to hold check, and DID NOT. The money WAS IN ACCOUNT TO COVER RENT, AND WE DID NOT WRITE CHECKS THEN REMOVE MONEY FROM BANK. The landlord was asked to hold rent check until the 15th, agreed to it. So my attorney talked to him yesterday, and landlord is now writing me a check for all bank fees on checks bank paid because of Landlord cashing check 3 days earlier than what was agreed upon. thank you, and good night.....faith

 

[moburkes]

You are not supposed to write checks when you don't have the money to cover it.
Additionally, you are not supposed to write checks and then, before said checks clear, remove the money from the bank

first of all do YOU read posts thoroughly!!? 1. I contacted my attorney yesterday, and the landlord IS responsible. The landlord did agree to hold check, and DID NOT. The money WAS IN ACCOUNT TO COVER RENT, AND WE DID NOT WRITE CHECKS THEN REMOVE MONEY FROM BANK. The landlord was asked to hold rent check until the 15th, agreed to it. So my attorney talked to him yesterday, and landlord is now writing me a check for all bank fees on checks bank paid because of Landlord cashing check 3 days earlier than what was agreed upon. thank you, and good night.....faith

Faith, when your attorney contacted him, he caved. That doesn't mean that he had any legal obligation to pay your fees. Apparently, instead of spending money to fight you, he reimbursed you. That happens sometimes. That's how things get settled out of court. Sometimes, even when you are 100% correct, it is cheaper, and less stressful, and less damaging to your reputation, to simply settle.

Ask your lawyer to point out to you the law that states what your landlord did was illegal. Then come back and post that statute.

 

[Cvillecpm]

You should not have asked to delay deposit of your rent in order to pay a doctor bill....you could have used a credit card or made monthly payments on medical bill.

Your BAD.

 

[Gevalia]

Browse through this forum and you'll find countless posts where someone is asking what will so-and-so do, what will a judge do, what will happen--and you'll see countless replies where they are told no one can say what will happen without a crystal ball. The only thing anyone here can tell you is how the law applies to your particular problem.

The correct answer to your question is that your landlord was not legally required to hold that check. And he wasn't. Period.

If what you say is true, you got lucky and your landlord caved. But don't you dare flounce in here and crow that you were right to the people who spent their time trying to help you for free. There's a big difference between "you were right" and "your landlord decided it wasn't worth the trouble".

Snotty little *****.

 

[IrishNodak]

Umm...if you had "your attorney" to call this entire time why didn't you just do that in the first place instead of posting here for advice?

Sounds to good to be true to me. I doubt the story.

 

[Just Blue]

You are not supposed to write checks when you don't have the money to cover it.
Additionally, you are not supposed to write checks and then, before said checks clear, remove the money from the bank

first of all do YOU read posts thoroughly!!? 1. I contacted my attorney yesterday, and the landlord IS responsible. The landlord did agree to hold check, and DID NOT. The money WAS IN ACCOUNT TO COVER RENT, AND WE DID NOT WRITE CHECKS THEN REMOVE MONEY FROM BANK. The landlord was asked to hold rent check until the 15th, agreed to it. So my attorney talked to him yesterday, and landlord is now writing me a check for all bank fees on checks bank paid because of Landlord cashing check 3 days earlier than what was agreed upon. thank you, and good night.....faith

So you paid 200.00 for an attorney to recover 120.00 worth of fees?? I think not!