My landlord decided to not deposit my November rent check that he got on Oct 29 until Nov 29. Unfortunately, not only did it bounce because the funds were long gone, but he also decided to charge me a "late fee" on top of that.
So my Christmas is a bit ruined because I have to spend over $700 on his incompetence.
And if that weren't enough, he refuses to divulge his own home address (he does not live here) and refuses to even provide his own home address to Virginia's state Tax and Assessment agency which lists his properties that he owns - therefore, I can't even send money orders (checks no more for me!) to him via certified mail.
I had no choice but to send it certified mail to his name for him to sign here at the house. When I told him this he just laughed out loud and walked away.
correct me if I am wrong, but couldnt he deposit the check whenever he wanted to? I mean, the check, once it is written, is good for 6 months. And not to stir stuff up but shouldnt you have made sure the funds were there all along? I was always taught that when you write a check you automatically assume the money is already gone. If you saw that the check didnt clear within 2 weeks you should have probably called and asked about it.
I am sorry phil, I really dont think you have a chance winning this cause it really isnt his problem.
Now you can argue all you want with me but.. yea.. good luck.
I talked with an investigator for the Landlord/Media Mediation branch of the Virginia Department of Consumer Affairs, and, sorry Amy, but you're wrong on this one..
If there is no signed legal statement indicating that the landlord received the check at whatever time he leaves a signed legal statement, then by law the date on the check is the receipt date. Thus, the check, dated 11/1, is not late according to the law. I will have to pay the bounced check fee but I don't have to pay the additional late fee because it is not late according to the law.
I already paid off the December rent fee + late fee to offset the potentially dead check he got before. This time I sent it to him via certified mail addressed to him. He was forced to sign for it and acknowledge by law that he signed for it, thus, I have proof this time that he got it whether he likes it or not, and I will do the same for the November rent check and I'll just go from there
And will consult with my lawyer as to what further steps I should take to ensure that from now on he will provide me with the proof I need that he has received my rent payments within the timely fashion that I sent them
Ah, we thought you were complaining because the guy cashed the check several weeks after receiving it and you no longer had the money in the account. We didn't understand that the issue was that the landlord was charging you a late fee. That makes more sense. So, you and Amy are both right!
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Grace is the acceptance of that which is rejected. ~Paul Tillich
I'm with Amy on this one. Once a check is written the money is taken out of the checking acct. and gone no matter when the check is cached up to 6 months. By the time the next statement comes out you should be able to balance your check book and if that check is still out , you need to trace it back and find out why.. As for the date on the check, I'm not so sure, - as it could be back dated. That has been pulled before. I'm not saying this is your case but this is how some judges look at it. Also I'm wondering if the landlord doesn't want to keep his business totally seperated from his home life and that's the reason he doesn't give his address. NOW , having said all that, - I wish you luck and hope you come out on top...
Well, anyway, it appears all of this was for naught, the landlord is so good at this he manipulated even the LAW to his side
He lists my house as HIS legal residence, even though he has never lived here, furthermore, hides all documents of his actual residence even from the Fairfax County (VA) court system, so basically, he "legally" lives here.
Thus, even if I served him court papers with the proof of payment, it'll just come back to the house here so he'll get it in his own sweet time.
And to boot: he manipulated a Virginia law that states that landlords have the right to dictate "method of payment" in a "rental agreement form", which means if he wanted me to stuff dollar bills down his pants, in Virginia it is not only legal but I am MANDATED to do so by law!
So, with that all in mind, I'm stuck paying him checks by slipping them under my roommate's door every month, and he can get them anytime he likes, and if he gets them late, I pay a late charge even if I paid it on time.
I'm praying for your situation. Wish I had advice. Are you not able to call up the post office, and inform them this person doesn't live at your address? What about credit agencies, or the IRS? I know he cannot hide his physical address from them.
*shrug*
Hope things go better. It is not right you are having to pay late fees. With your bank/credit union, is there not an online service you are able to tell when the check is cashed?
*hugs* Darrel
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That if thou shalt confess with thy mouth the Lord Jesus, and shalt believe in thine heart that God hath raised him from the dead, thou shalt be saved.
I appreciate the prayers very much Darrel, I need them!
The lawyer checked all records that would exist for this guy, including the IRS. The IRS has his home address listed as my address. He has fooled literally everyone on earth (except for his own family) into thinking he lives here; in fact, he even maintains one room that he never rents out here + 1 office space here to make it seem that he lives here. It would be almost impossible to prove otherwise.
I can easily prove that the check/money orders were cashed anytime I want; that is irrelevant because I cannot *prove* that I gave him the check/money order on time because there is no literal way of doing it. :(
