Prior to me moving into the house that I was going to be renting the owner was talking about all of the improvements and repairs he was in the process of making on the house. Needless to say once I moved in, things changed. I gave him a $700 security deposit the day I moved in which was in the middle of Aug. The central air unit wasn't cooling the house off and the temp. was in the upper 90's to 100's. I was constantly calling him and asking him to please come fix the air, and he would ignore my calls, and the only time he came over was when it was time to pay rent. He came and placed a small air conditioner in the den which didn't do squat for the house. So i called him and left several voicemails about it still being hot. He never did return my calls so I did a stop payment on the check and moved out. He called me and told me he needed that $700 plus $50 in NSF fees on his account. He said if I didn't settle the check he was gonna press charges. Is that possible?
2007-10-23 19:19:21 · 12 answers · asked by It Iz What It Iz! 2 in Business & Finance ➔ Renting & Real Estate
a stop payment is NOT the same thing as a bounced check!
a lot of landlords either don't know this or are using this as an empty threat.
However, he can take you to small claims court, but I believe with your documentation (and if you don't have it, start getting it together...records of payments, dates of calls, witnesses, anything) you would win/he would lose!
Call his bluff and tell him to go ahead and try to press charges....and when he says court, tell him that you will counter-sue if he does.
that will shut him up!
good luck!
2007-10-23 19:26:27 · answer #1 · answered by Lady in Red 3 · 1⤊ 4⤋
It sure is! The issue of rent due and repairs are separate in most states. A few states allow you to "repair and deduct" if the landlord fails to make certain repairs. (In most cases, air conditioning is NOT included in the essential systems eligible for repair and deduct, even in hot climates.)
No state allows you to stop payment on a rent check for failure to make repairs. In most states it's a crime to stop payment on a check for any reason other than non-delivery of goods or a lost check. You CAN be prosecuted for writing a worthless check in this case! You can also be sued for the amount of the check, the landlord's NSF fees and court costs, as well as the balance of the lease.
Calling on the phone, leaving voicemails and sending e-mails do NOT constitute proper notice of defect or needed repairs. The laws in all states require WRITTEN notice to the landlord. I strongly suggest you send it via Certified Mail, Return Receipt Requested so that you have proof of mailing and proof of delivery.
If all the LL is demanding is the $700 for the check and $50 for NSF, pay him and be thankful that you got off cheaply.
2007-10-23 23:17:08 · answer #2 · answered by Bostonian In MO 7 · 2⤊ 0⤋
Bostonian is correct in his assessment. I agree that your landlord has appeared to treat you poorly, but that does not change the legal stance of your state statutes. You will have to check your state statutes to see if you were within the parameters of the law in the method in which you decided to leave, and the actions you took before leaving.
Yes, it is very possible for him to press the issue of the NSF check, as well as bringing a case for you vacating without proper notice. If I were you, I'd pay the $800 and be done with it. If he prevails in small claims court, you could end up paying considerably more, and it sounds as though his chances of winning are better than yours are.
Sorry to give you this assessment, but it's the reality of what happens every day.
2007-10-24 00:51:52 · answer #3 · answered by acermill 7 · 2⤊ 0⤋
Yes, he can. You're issues with him as reason for stopping payment simply don't make it right or legal. It will depend on what state you are in and how your statutes are written. It will also depend on the size of your community/police department.
As a law enforcement officer who handles bad/returned check cases, I know bigger departments simply would do nothing for the landlord. In my state, most large agencies will only become involved if it is a felony, which means it involves $2500 or more. Smaller departments, such as mine, would send you a letter giving you 14 days or so to resolve, or be charged. When checks are written and payment is stopped, in some states that is a fraud.
Best case senario, you will probably end up in civil court. Worst case would be a criminal charge.
2007-10-23 19:25:51 · answer #4 · answered by Anonymous · 4⤊ 0⤋
Yes it is possible. You committed fraud, you wrote a check and then told your bank not to cash it.
He will win this in claims court, as well as loss of rent and the other problems you have caused him.
If he knows what he is doing talk the DA into pressing criminal charges against you. I would press charges in a heart beat, you have no business renting property.
2007-10-24 03:35:02 · answer #5 · answered by Landlord 7 · 2⤊ 0⤋
He might have better case. I mean its not like there was proof for worked done or anything right? Or some signed contract between you and the guy. Just try calling cops. He's the one writing bad checks. I mean signatures gona match on his file at his bank. Unless he signed it differently on purpose. And I would also talk to friend's bank. I don't know why they just closed the account so quick I mean what was proof that she was trying to committ fraud other than the guy's words.
2016-04-10 01:40:36 · answer #6 · answered by ? 4 · 0⤊ 0⤋
In his case it is a civil matter. Not a criminal matter. You will receive an appearance letter from the City where you reside to appear in Court. I believe that he is blowing smoke up you know where. Fight this slum Lord in Court. Drag it out until he can longer afford to keep an Attorney. So you will have an eviction against your credit. That is easy to get around with your Court documentation. Screw the old Man...............
2007-10-23 19:29:31 · answer #7 · answered by Anonymous · 1⤊ 2⤋
In the end you can take him to Housing Court, and present your evidence and point of view. Housing Court will be favorable to you vis-a-vis a known slumlord.
2007-10-23 19:28:44 · answer #8 · answered by Anonymous · 1⤊ 2⤋
Document everything and let him take it to small claims court. Tell him that you will be introducing a counter claim as well. Go to the trouble of telling him where to download the forms...being "helpful".
He will go back under his rock.
2007-10-23 19:23:39 · answer #9 · answered by Anonymous · 1⤊ 3⤋
He has to provide you with reasonable housing and he was not doing his part....make sure you have everything documented as well.......he can probably take you small claims court but you can countersue and if you scare him with the fact that he did not provide reasonable housing for you........he will probably not do anything....
GOOD LUCK!!!!!!!!!!!
2007-10-23 19:34:57 · answer #10 · answered by Optimistic1 4 · 1⤊ 3⤋