Do I have to rewrite a rent check if my landlord lost it over 90 days ago and I have proof it was sent to him?

Question

He has lost checks before. Sometimes I re-write them and sometimes he just forgets about it because they were so long ago. We have the money, but it appears to be more of the principle of it. We're responsible enough to pay him, he should be responsible enough to not lose them. Even if he found it now, it wouldn't be valid because it is over 90 days old. He now wants us to re-write a check that was dated 6/28. Do we have to??

I paid him through my bill pay system in which payments are only valid for 90 days. I do that because he loses payments so often. The bank already put the money bank into my account because he didn't cash the check within 90 days.

I'm in Minnesota and he's in Colorado. The only other way that we have prevented this from happening is sending our check registered mail - but he still lost it once he signed for it!!

Answer 1

Yes you do,If you still want to rent from me,so pay up because this is your landlord! ....Just kidding, unless he has cashed the check you would still be liable for the past rent.

Answer 2

Wow - I wish I was your landlord and could afford to lose my tenant's rent checks. He must be rich.

This is a tricky question. Technically, you are liable for the money so if you still have possession of the money, then I guess you could be held accountable for it. However, it certianly isn't your fault he's losing your checks. You may want to check with an attorney.

Here's how I would handle it: Tell him that you are tired of his poor orginaztional skills screwing up your ability to balance your checkbook and that from now on you will be paying him with money orders. That way if he loses the money order, you've paid him, and the loss is his problem, not yours (as long as you keep your proof of payment). Either that, or see if their is some form of similar payment that your bank can make direct to him that absolves you of liability, IE, some form of electronic payment.

Whatever you decide to do, keep careful records, because this guy sounds like an organizational mess, and if you do wind up in a dispute with him, I'm guessing if you have records and he doesn't, you'll win.

Answer 3

Yes, you still owe the money.

You should issue a stop-payment order on the check first, though. Just because the check is past a certain age does NOT mean that it can't be cashed. Then deduct the bank fees from the replacement check.

I would suggest that you tell the landlord to put the request in writing, with an acknowledgment that you will deduct any bank fees that you incur from the replacement check.

Answer 4

Yes, the law in all 50 states says you still owe the money. However, you can deduct the stop-payment fee from the bank (whatever the bank actually charges you) and a small/reasonable fee for reissuing the check (Say $10).

Also, the law says personal checks are good for 180 days unless the check has pre-printed indications that it will expire earlier. This is federal banking law under the new Check21 standards.

Answer 5

the only way a verify is stale after ninety days is that if it contains the notation "Void after ninety days" on the face of the object. under the Uniform advertisement Code tests are valid for 6 months and maximum banks will settle for them as much as a minimum of one 300 and sixty 5 days. If the economic corporation lower back the money on your account from a bill Pay verify you need to ask the owner approximately it. you need to reissue it or you haven't any longer paid your lease. a matching question become raised in this challenge the day gone by. given which you understand your landlord is sluggish to money tests -- income it from it. Write the lease tests off a money industry account and assemble pastime on the drift till it quite is cashed.

Answer 6

Yep, you gotta pay unless he cashed the check (check with your bank for a canceled check. If he actually cashed it you will not owe him and your cancled check is proof you already paid. If he just lost the check, he is a flake, but still entitled to his rent. If he does this frequestly, give him cash and get a receipt.

Answer 7

The best advise is to go to your bank and have them print out a copy of that check if they have it. They should after all this time. I dont suggest you write another one until you do this.

Answer 8

To save this from happening again, give your landlord Money Orders and have him give you a receipt. Then if he looses it its his fault and you have a receipt so you are not liable. I know this doesn't help you now, but will save you in the future. Just make sure you get a RECEIPT ! Good Luck KG

Answer 9

Bottom line you have to pay him one way or another. He cant force you to write a check but you could be in default of your rent/lease agreement if you dont pay.

Answer 10

yes ,but you should still have the money in the bank so what is the big deal..