Should I sue my landlord?

Question

This is partially my fault, so I'm not going to try to cop out on this. Basically, I accidentally wrote a check out from an old bank to pay my rent, which is about $565, so the check bounced. That is my fault. I know there's a bounced check fee so, np. My mistake.

The problem is I just got notice of this from my Landlord today and while my apartment is only $565, they're tacking on an additional $170.40 for the days I was overdue. They never made any attempt to call me or send me any kind of notice that the check bounced until today.

I live in Nebraska, and while I've looked through the statutes I haven't found anything governing this. I have already decided to pay for my mistake plus the full amount they've calculated, but do I have any legal ground to stand on if I take them to court and recover damages for failing to provide notice and instead allowing me to rack up daily overdue charges?

Section 76-1413
Notice.

(1) A person has notice of a fact if (a) he has actual knowledge of it, (b) he has received a notice or notification of it, or (c) from all facts and circumstances known to him at the time in question he has reason to know that it exists. A person knows or has knowledge of a fact if he has actual knowledge of it.

(2) A person notifies or gives a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when (a) it comes to his attention, (b) in the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communication, or (c) in the case of the tenant, it is delivered in hand to the tenant or mailed to him at the place held out by him as the place for receipt of the communication

First Responder: A landlord can't evict you for taking them to court. That's considered retaliation.

Thanks K&A. I want to be amicable and apologize, and yes I do make mistakes on occasion; it's just so damned torturous when things like this happen and I don't even know about it until all of a sudden I get a 3-day notice of possible termination on my door. I guessed as much that I have no legal standing..

Even if it's legal I just find it grossly unfair and not in keeping with good tenant-landlord relations. I'll try to make it work and pay what I owe, but if they insist on these fees I'll pay them and then I'll give them notice that I'm leaving.

Answer 1

You always have the right to sue, but this one you will not win.

It is your responsibility to make sure that the funds are available for the check that you write. Of course sometimes mistakes happen which is why most landlords will assess the late fees and move on, still considering you a good tenant that just made a simple error.

However, understand that typically, once you turn your rent in, it has to be processed in-house to make sure it is applied to your rent properly. Then it is taken or mailed to the bank. Then the bank processes it, and sends the information to your bank. If it bounces your bank has to then notify the bank it was deposited to, and they in turn have to notify the landlord, who in turn notifies you. This doesn't happen all in the same day.

Typically at that time, you are assessed a NSF fee AND charged late fees from the time the grace period (if any) ended. This is because they did not in fact have the money due for rent from your apartment.

If you haven't been late before talk to them. Apologize for your error, and ask if there is any way to have the late fee waived since it was your first, and ONLY offense. Do not ask them to waive an NSF fee if there is any, as they got charged from their bank I am sure, and probably won't.

Good Luck

I would handle this as amicably as possible, and apologize for your error.

Answer 2

Unfortunately, you cannot sue your landlord over this. You could take it to court, but will have no grounds. Read through your lease agreement. It will usually have a section in there about being late, and I know that some places charge and NSF fee as well. Maybe that is part of the fee that you are paying. If you've always been in good standings with your rent then you may want to talk to them about this. I know the properties I'd worked for would cut you some slack if you were late, but since the funds were not there they had to pay a fee for that through their bank. A landlord doesn't have to call you when your rent is late because it's like any other payment..it's due by a specific date. They cannot evict you though, until the 15th of the month. They would have to give you a 3 day notice first and you are still entitled to pay rent in that period, but typically after the 15th they've already sent your paperwork in for eviction. I know this is probably more info than you need since it's not gotten this far..I can just ramble about this stuff all day. :) I would think that your bank would have let you know before your landlord that the check had bounced? I dunno..good luck and I hope this helps. :)

Answer 3

The law is on the side of the landlord in this one. When you send a check, it's nothing more than 'a promise to pay' until it clears the bank and converts into an actual payment. The landlord is under no obligation to notify you of your error, just as the landlord is under no obligation to tell you that you forgot to make your rent payment. You are correct in determining that you should pay what is asked. Your landlords are apparently the type who stick to 'the letter of the law". Be aware that, if you are on a long term lease, you will incur additional expense if you attempt to leave before the lease expires. If you are month-to-month, insure that you give the appropriate time notice before vacating the premises.

Answer 4

No, you do not have legal standing on the grounds that they failed to provide you notice.

Pay the full amount due - rent was not paid on time.

In fact, you should look up the the laws in Nebraska regarding passing a bad check written on a closed account.

Criminal penalties: A check for more than $300 but less than $1,000 - class IV felony and issuing or passing a check of any amount - class II misdemeanor.
Civil penalties: Amount due, costs, protest fees.

Answer 5

they dont need to send you a notice. it should state in the contract/lease you signed that there are late fees. you owe it, and have no grounds for suing them. try it, and i bet you get an eviction notice really fast.