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Can landlord demand payment when didn't cash original check before it expired?


Back in September I became unemployed and unable to make rent. I discussed situation with landlord and agreed to work w/me. Then I received a 5 Day Pay or Quit notice. I went to my local Human Services Dept. and was granted $300 in emergency rental assistance. I contacted LL w/info and mailed his copy to sign and return for payment. LL never returned call or contact me to say he never received payment. End of Oct. I found a job and contacted him to make arrangements to pay back rent He never returned my calls. Also, end Oct. received letter stating local propery management agency to begin managing property Dec. 1 . Called LL again to see where to pay backrent No response. I start paying all current rent to agency. January I get statement showing backrent, including voucher amount. Agency says they know nothing of it. LL says he returned, never rec'd payment. Caseworker says didn't receive back from landlord. Now voucher staledated and cant be cashed. Am I responsible now?

EJ... I didn't thumbs down anything.
For the rest of you that berated me for not paying rent. I HAVE paid rent. And as far as I'm concerned I paid ALL of it. The LL chose not to follow through. I will be contacting an attorney to see what my rights are in this situation. It would be like you writing a check to someone, who didn't cash it for 6 mos to a year and then coming back to you to say you need to write them a new one because they're imcompetent. Would you do it? I doubt it. oh and btw. I'm not a freeloader, I've only ever once asked for help and this is how it turned out.... I pay my taxes and my bills...

It is usually a free consultation with an attorney. Maybe contacting a Real Estate Attorney may be in your best interest. Because each state has different rules. Unless you really read your lease, and understand all the legal mumbo jumbo, most people don't know what they can and can't do...And the case worker should know what to do with the landlord not cashing the check. You have paperwork proving the check was suppose to go to the LL? Take that to the attorney's office when you go....Don't call, just find one, and go....

You made the effort to pay the bills even though circumstances were hard. That should be applauded. Many people seem to turn off the phone and try to hide. He is entitled to the payment. You arranged one but he didn't take the steps to ensure he received payment. It's odd and could be a way for him to try to shove you out the door.
My advice is to take it to small claims court, and let the court decide the matter. Small claims does not require a lawyer and you can then show proof that you took the steps you did and the failure was his. They may say yes you still have to pay, they may say he forfeited payment or extend your time to pay without penalty. Don't sit idly by and put up with it. It can be harassment, it can be a tactic to get you out so he can re-rent for more money. Do something to at least show your efforts so it doesn't ruin your credit rating.

It is your responsibility to pay your obligations.~

Yes. You don't get to receive free rent through mistake.

if the landlord has not been paid, who do you think owes him the money??,.....

Are you responsible? well lets see, are you still living in the apartment or house, then YES. People like you ALWAYS
want and demand that nothing is their fault or blaming other people. Grow up and pay your bills. You are still living there so pay up.

Yes you owe it, how else does the landlord pay his bills?

You have voted down everyone's response. But I will put my 2 cents in also. You are obligated to pay back the rent. Be happy that he is not charging you a per day fee. Most LL can charge a $15 late fee, and $5 for each additional day that it is past due. Since he is not returning your calls does not mean you dont have to pay. Sorry for the bad news.

As for the payment you sent, it does not say you sent the letter "CERTIFIED MAIL with Signature Receipt". Did you write a check to the LL, has it cleared the bank? If not, then he didn't receive it, but if you sent cash you mine as well mark this as a non-payment and be prepaired to pay it again.

Hopefully you leared something here. Good Luck.

I notice you thumbed down all the right answers!!!!

the truth hurts sometimes but you still have to pay your rent.
It doesn't mean the LL isn't a terrible manager of things but you still owe.....sorry

EDIT>>>>>>
Sorry, I wasn't trying to be jerk but these questions come up all the time and 99% of the time it REALLY is someone trying to "get over"...I'm a land lord of 13 units and I've HEARD IT ALL!!...if your story is correct, I'd look into moving because your LL seems like an idiot and you should expect more incompetent situations from him in the future if this is the way he conducts his business..
Again, I'm sorry for coming off wrong and I hope it all works out for you..good luck

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