In Feb. 2006, I paid in full and on time the rent to my landlord for a Michigan rental property. The rent check was not cashed within the standard thirty days and when the check was attempted to be cashed (well over three months later from the original check date) it had bounced. My landlord is now (March 2006) asking for back payment on the rent. What kind of recourse do I have in this kind of situation? Am I still "on the hook" for the rent payment considering that the required funds were never transferred or since 12 months have passed and the funds were left in the account for over four months waiting for the check to be cashed do I have a legal backing to not have to pay? Help!
2007-03-20 11:58:26 · 8 answers · asked by generic248 2 in Business & Finance ➔ Renting & Real Estate
Sorry, I mistyped, it's now March 2007 and the landlord has requested payment but from the looks of these responses I'll still need to pay it. It's a house I'm renting and I'm sure I'll be able to work out some kind of payment plan. She's very understanding but it's still a bummer...
2007-03-20 13:34:45 · update #1
...and yes I'm still renting the same property.
2007-03-20 13:35:49 · update #2
This will likely cost me votes but you still owe as you lived there under contract and the money remained in your account. You drew interest on, or spent money that would have otherwise never been there. Also if you paid in Feb 2006 and in March 2006 he asked for back payment, where is the year ? A judge will ask you were you in a lease ? Did you try to resolve the non cashed check issue sooner ? and then tell you to pay it. Then the judge will tell your landlord to cash rent checks more timely to avoid such an issue in the future.
2007-03-20 12:27:15 · answer #1 · answered by Myron 4 · 0⤊ 0⤋
Yes, you are still responsible for the rent from that check. You never mentioned if you are still living at that property or not. They should not have waited so long to cash the check, but you should have balanced your checkbook,
Try talking to the landlord about making payment arrangments if you are unable to make the payment in full.
2007-03-20 12:29:04 · answer #2 · answered by ►►BLOGGER◄◄ 5 · 0⤊ 0⤋
Yes, 'fraid so. You needed to follow up on that check last year when a month or two had passed without it being cashed. Then you needed to subtract it from your cash balance in your account to ensure that it was there in case it was ever cashed.
Talk to them and ask if under the circumstances you can pay in installments.
2007-03-20 12:03:25 · answer #3 · answered by Behaviorist 6 · 0⤊ 0⤋
YOU WROTE THE CHECK AND YOU ARE ACCOUNTABLE UNTIL IT CLEARS THE BANK.
NO MATTER IT TOOK 90 DAYS.. IT SHOULD HAVE BEEN DEDUCTED FROM CREDIT WHEN WRITTEN AND SUFFICIENT FUNDS MADE AVAILABLE,
SURE WILL BE COSTLY TO YOU...
MAKE GOOD OR YOU WILL GET A WARRANT SERVED FOR BAD CHECK (WORTHLESS CHECK) AND KEEP COMPOUNDING YOUR PROBLEMS,
PLUS GET KICKED OUT (EVICTED) AND YOU MIGHT JUST GET A LANDLORD CLAIM (LIEN) ON YOUR PROPERTY AND YOU CAN'T EVEN MOVE IT WITH YOU.
TAKE CARE OF YOUR LEGAL RESPONSBILITIES.
STATUE LIMITATIONS IS THREE YEARS ANYWAY...SO 90 DAYS OR 1 YEAR DOESN'T COME CLOSE.
2007-03-20 12:05:17 · answer #4 · answered by cork 7 · 1⤊ 0⤋
Personal checks are legal tender for six months from date of issue. I think you're on the hook for this one.
2007-03-20 12:02:18 · answer #5 · answered by swishyvt 3 · 0⤊ 0⤋
Did you live in the house/apartment? Then that is your answer - you have to pay.
Why did the check bounce? You should have had the money in there when you wrote the check.
2007-03-20 12:01:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Good Question ! I have experinced similar problems , but no where near that long .
2007-03-20 12:04:10 · answer #7 · answered by bigfred1954 4 · 0⤊ 0⤋
Do you have your security depost back? I would tell him to get lost
2007-03-20 12:17:48 · answer #8 · answered by ashlandtree 3 · 0⤊ 2⤋