Landlord Question

[Jewish Rabbi]

So I mailed in my rent last Friday along with my intent to vacate letter, and I just got a letter today saying my landlord hasn't received my rent and was charging me a late fee for it. How should I go about resolving this? Tell him to piss off, keep my deposit, and leave? This isn't the first time he would have lost a rent check, and promised me he would repair my front steps in February, which haven't been looked at yet. Also, when the refrigerator broke, it took him two weeks to get it repaired for us. I guess the point I'm trying to make is that he isn't a top class landlord, and we've never paid rent late before. Any suggestions?

[DMAC]

Own.

[kstater]

I'm sure getting your credit in a bind over your not getting a check to him is a wise move.

[Jewish Rabbi]

I'm sure getting your credit in a bind over your not getting a check to him is a wise move.

I understand that. He's been a scumbag landlord from the start, I knew he was going to try to pull some shit on us when we left though.

[Frazod]

Off the top of my head:

Call the bank to see if the check has been cashed (I hope you sent a check).

If not, provide him with the check number and day you mailed the check. Mention that he's lost your check in the past. See what he says.

If he gets dickish, bite the bullet and pay the late fee - sucks, but you don't want to get sent to collections over a few dollars). Resend your notice letter. Send everything to him from this point by certified mail so he can't pretend he didn't receive stuff.

Move.

[seclark]

cancel the rent check. make him another w/the late fee. add the letter saying you're leaving. drop a deuce in the pos fridge and get the hell out of town.
sec

[Jewish Rabbi]

The check has not been cashed yet... I'm not worried about the late fee, it's only $10 split between 3 people. However, it's like a $30 charge per check to cancel the checks I've already sent... And I'm worried he'll try to charge us for a partial month's rent since he won't have the letter saying we're leaving in 30 days.

[Simplex3]

The cheapest and smartest way out would have been to send them certified mail. You're past that. I'd probably cancel that check just in case he really didn't get it.

If the guy lives close you can drive a check over with the letter and make him sign something you've typed up saying he received them both and that you still owe $x and your move-out date is y/y/2011.

[seclark]

The check has not been cashed yet... I'm not worried about the late fee, it's only $10 split between 3 people. However, it's like a $30 charge per check to cancel the checks I've already sent... And I'm worried he'll try to charge us for a partial month's rent since he won't have the letter saying we're leaving in 30 days.

i don't think you're going to win this one. pay up and get out of there.
sec

[Mr. Flopnuts]

Always send letters to vacate via certified mail. Always.

[Fish]

Burn down the property.

Problem solved!

[seclark]

Burn down the property.

Problem solved!

at least piss on the carpet.
sec

[sedated]

Always send letters to vacate via certified mail. Always.

I dropped my notice to vacate in the friggin rent drop box and they claimed they didn't get it. Luckily I gave it to them a month in advance, and called them to confirm receipt rather than "trusting" them, so it didn't bite me in the ass.

[The Franchise]

It's been said multiple times....but pay the late fee and resend the 30 day notice certified mail.

Does the guy not live close by that you can drop off your rent checks?

[Jewish Rabbi]

It's been said multiple times....but pay the late fee and resend the 30 day notice certified mail.

Does the guy not live close by that you can drop off your rent checks?

His office is 20 minutes away in a part of town I rarely go to. I guess this is one of those "growing up" lessons about a 30 day notice.

[luv]

His office is 20 minutes away in a part of town I rarely go to. I guess this is one of those "growing up" lessons about a 30 day notice.

I'd say it's worth driving over to deliver. Anytime I have ever given a written notice somewhere, I have always made sure to hand it to them in person.

[MOhillbilly]

take a pistol.

[Jewish Rabbi]

My roommate called the landlord and got a voicemail, he received one in return saying to resend the checks. My roommate told him we were going to send the checks minus the check cancellation fees, and the landlord didn't say anything about that, so I guess that's what we'll do.

[luv]

My roommate called the landlord and got a voicemail, he received one in return saying to resend the checks. My roommate told him we were going to send the checks minus the check cancellation fees, and the landlord didn't say anything about that, so I guess that's what we'll do.

You're going to waste more postage and the time it takes for the mail to get delivered whenever you could drive them over, hand them to him in person, and be 100 % certain he got them? Boys are so weird. :p

[Jewish Rabbi]

You're going to waste more postage and the time it takes for the mail to get delivered whenever you could drive them over, hand them to him in person, and be 100 % certain he got them? Boys are so weird. :p

44 cent stamp or $8 in gas? :hmmm:

This doesn't look good for trying to get any deposit back, tho.

[Comanche]

So I mailed in my rent last Friday along with my intent to vacate letter, and I just got a letter today saying my landlord hasn't received my rent and was charging me a late fee for it. How should I go about resolving this? Tell him to piss off, keep my deposit, and leave? This isn't the first time he would have lost a rent check, and promised me he would repair my front steps in February, which haven't been looked at yet. Also, when the refrigerator broke, it took him two weeks to get it repaired for us. I guess the point I'm trying to make is that he isn't a top class landlord, and we've never paid rent late before. Any suggestions?

Last Friday was April 29, today is May 6. Assuming the rent for May was due on or before the 1st of May, and you received a letter TODAY that the landlord hasn't received the rent, it is very possible (probable) that he didn't receive the rent on the 1st. Since you mailed the check, there were no "business days" between April 29 and the 1st. Assuming the Post Office processed mail on Saturday (do they still do that?), it is still not likely it arrived on the 1st (close only counts in horse-shoes and hand grenades). Since you just now received the past due notice, it is possible that he received the check AFTER his letter was already in the mail.

Without seeing your Lease/Rental Agreement (I'm not an attorney), it is possible that you may owe him for ANOTHER month. Most contracts require 30 days prior written notice of an intent to vacate. Since he didn't receive the notice on the 1st of May, it may be possible that you will owe him for June as well (even though you may already be moved out by then).

It is likely that his past due notice was just a way of insuring that you leave on the date you intended. He needs to advertise to get a new renter. If you decide to change your mind and NOT leave on the date you indicated, he has already provided you with notice that you are in breach of contract. It is also possible that he intends to keep all or part of your deposit. The late fee can be one claim against that deposit. Failure to pay for June is another. Additionally, he could go through the place with a fine toothed comb and find all sorts of "damages" caused during your rental period (I'm just the messenger so don't shoot me).

All the other issues about the refrigerator, steps, past on-time payments & etc. are just distractions and don't amount to squat (although I can understand they were very annoying to you). Your concern is how to get out with the minimum financial damage to yourself. The best way to accomplish this is to set up a "walk-through" with your landlord. After you get your stuff out, meet with the landlord and walk through the empty place, documenting any "damages" that may be present. Once those are agreed upon, determine the final settlement amount that is satisfactory to him. If you disagree with that amount, you can agree to pay them or take him to court and pay additional fees there and waste time doing it. If you get mad at the guy and kick his tail you wind up in jail.

In the end, you just want to get out. You also want to keep him happy in case you need the referral for some reason. Renting stinks there is no question about that. Nevertheless, in the end he will still own the place and you won't. Perhaps in the future you will be able to buy your own place.

[Saul Good]

My roommate called the landlord and got a voicemail, he received one in return saying to resend the checks. My roommate told him we were going to send the checks minus the check cancellation fees, and the landlord didn't say anything about that, so I guess that's what we'll do.

Are you out of your mind? Send him the full amount with the late fee. You already made a rookie mistake, and he got you. If you don't think this guy is going to nail you with another late charge for the $30, you're nuts. This is what scummy landlords do. Send him all of his money certified and hope to God that you don't get screwed on the cancellation for not giving enough notice to vacate. Don't play games over a few bucks, or he's going to get his hooks into you for hundreds or even thousands of dollars.

[Just Passin' By]

44 cent stamp or $8 in gas? :hmmm:

This doesn't look good for trying to get any deposit back, tho.

Sending the last check via regular mail has already cost you. Why would you repeat the process when time is a factor?

[luv]

44 cent stamp or $8 in gas? :hmmm:

This doesn't look good for trying to get any deposit back, tho.

Or, if he decides to tack on more late fees, then that's $$$ for each day it takes to get there in the mail as well. I'd be willing to spend $8 to know that my rent AND my notice got to the right place.

[prhom]

$30 in late fees is nothing compared to the pain in the ass situation you're trying to avoid. I have my tenants pay via paypal. It's great because there is really no excuse for not paying exactly on time and I can't say I didn't receive it because it shows up right away. Not sure why everyone doesn't use Paypal for rent.

[The Franchise]

Dude.......you're being stupid.

1. Pay him the entire amount.....including cancelled check fees and late fees.
2. Drive your happy ass over to where he is and deliver the check with another letter of your intent to leave. Apologize for the mixup and make sure he understands the exact date you are leaving.
3. The next time you rent a house make sure you either hand deliver the check or you give it enough time to get there before its due.

[Jewish Rabbi]

Thanks for all the advice. For all those questioning if the check made it on time, rent is due on the 3rd for me. Should have made it there on the 30th, 2nd at the absolute latest.

Again, I think my landlord is just trying to screw me but it sounds like I set myself up for that.

[The Franchise]

The first time my landlord nailed me for a late fee would have been the last time I mailed my rent check.

[banyon]

Was this in KS?

[Ming the Merciless]

He probably isnt trying to screw you, he is probably just an idiot who lost the check.....

I'm guessing disorganized by the sound of it....I wouldn't bother sending the late fee IMO, just send the 30-day notice and the rent, a letter saying you're sorry but it must've gotten lost in the mail, and let him take the late fee out of your deposit if he feels like being a chump.

[Jewish Rabbi]

Was this in KS?

Iowa.

[seclark]

Thanks for all the advice. For all those questioning if the check made it on time, rent is due on the 3rd for me. Should have made it there on the 30th, 2nd at the absolute latest.

Again, I think my landlord is just trying to screw me but it sounds like I set myself up for that.

of course he's trying to screw you. and he's going to get it done. the more you try to fight back, the more it's going to cost you. that's how it works. landlords win, renters lose. been there, done that. pay up, face to face. get over it and get it over with.

leave a couple dead squirrels in the attic.
sec

[banyon]

Iowa.

Ok. I can't give you state specific advice legal quality advice then.

But in general, what many of the posters here have already pointed out are fair answers to your question.

Many landlords are jerks and will try to screw you for every last penny, many are not and will be reasonable human beings about it.

If you have an inkling that your landlord may be the former rather than the latter, then it is best to view this as a worst case scenario and prepare backwards from there.

1) send any termination notice (if allowed under your lease) by certified mail rather than regular mail. This has already been commented on, but if your landlord is a true a-hole, it doesn't matter if you screwed it up the first time, the second time you need to send it cert mail too. A true landlord d*ck can play the "I didn't get it in the mail' game for quite a while.

2) Take extensive photos of the apartment in the condition you left it in, preferable with a witness who can testify about when the photos were taken (include the witness in the photos). Also, hopefully when you move in you did a written inventory of any damages which pre-existed your tenancy. The purpose of this is to keep him from making up a bunch of fake damages to keep your deposit (make sure to clean the oven and photo the inside too).


3) Check your state laws on deposit returns. In KS, if your landlord doesn't return the deposit within 30 days or a list of itemized damages, you can sue them for 150% of the deposit.

4)If you are not at the end of a lease or aren't in a month to month lease, you may have bigger problems. Let's say you are in month 7 out of a 12 month lease when you leave. In some states, the landlord is allowed to sue you for the remaining 5 months of rent that he would have received. Unscrupulous landlords will try to "double-dip" on this and collect the whole 5 months from you and then re-rent it and get 5 months from a new tenant for the same occupancy period. There are 2 ways to combat this: 1) check with a neighbor and keep tabs to know when a new tenant has rented your former unit. This keeps the landlord from lying about when the unit was vacant. 2) Call your landlord on the phone. Put it on speaker phone and use an audio recorder to record the conversation (this will not be possible if you live in one of the 15 states with two party consent laws to secretly record conversations, see Linda Trigg). However if you live in one of the other 35 (and the other party does too), then again, with a witness who can testify for you, ask the landlord (as casually as possible) what efforts they will make to re-rent the home. I've literally had landlords tell me "none, that's on you to get a new renter". They are wrong in most states, because the landlord has a duty to mitigate their damages. If they make no efforts to recover their lost rents, then a court may not believe that they deserve them.

5) Your minor complaints about defects in your property probably aren't relevant unless they caused you personal monetary losses,which you need to catalogue as best as possible. If a condition is so bad (e.g., a leak from the roof running water into your bedroom) makes the apartment unsuitable for habitation, then you would have grounds to exit after making a demand (again certified mail) and getting no response in most states.

The main thing is, learn to CYA better next time.:thumb:

[The Franchise]

Honestly.....it costs a little bit more money....but I always hire a professional cleaning lady to clean my place before I turn it over to the landlord. The landlord will have a harder time finding dirty shit and if he does....a majority of the cleaning companies will come back and clean it until the landlord is happy.

[Just Passin' By]

2) Take extensive photos of the apartment in the condition you left it in, preferable with a witness who can testify about when the photos were taken (include the witness in the photos). Also, hopefully when you move in you did a written inventory of any damages which pre-existed your tenancy. The purpose of this is to keep him from making up a bunch of fake damages to keep your deposit (make sure to clean the oven and photo the inside too).

With today's digital cameras, it's smart to take extensive photos of the apartment when you first get it, as well, and to be sure that you take photos of every single trouble area you find, and use something to verify the date of the photos. You can save them all to a file.

[Bugeater]

With today's digital cameras, it's smart to take extensive photos of the apartment when you first get it, as well, and to be sure that you take photos of every single trouble area you find, and use something to verify the date of the photos. You can save them all to a file.
Most apartment complexes have their new tenants fill out a move-in condition checklist. The problem is, most of them don't notice the small scratch in the countertop, or the small dent in the refrigerator door or the tiny hole in the bedroom window screen, or they don't think they're significant enough to document...until they get charged for them all upon move-out.

But yeah, every single nick, chip, scratch, dent, hole, tear or whatever on anything needs to be documented. The fucked up thing is the landlords rarely ever fix these things even though they may charge multiple renters for the same damages.

[Jewish Rabbi]

Most apartment complexes have their new tenants fill out a move-in condition checklist. The problem is, most of them don't notice the small scratch in the countertop, or the small dent in the refrigerator door or the tiny hole in the bedroom window screen, or they don't think they're significant enough to document...until they get charged for them all upon move-out.

But yeah, every single nick, chip, scratch, dent, hole, tear or whatever on anything needs to be documented. The fucked up thing is the landlords rarely ever fix these things even though they may charge multiple renters for the same damages.

Yeah we didn't get one of those sheets and didn't document damages when we moved in. Not that I really believe it matters, because the landlord sold the duplex while we were living here so we're dealing with a completely different guy, so I expected complications from that anyway.

[FAX]

My suggestion is that you purchase some gasoline and burn the place to the ground.

FAX THE ENJOYS BURNING STUFF TO THE GROUND

[Just Passin' By]

Most apartment complexes have their new tenants fill out a move-in condition checklist. The problem is, most of them don't notice the small scratch in the countertop, or the small dent in the refrigerator door or the tiny hole in the bedroom window screen, or they don't think they're significant enough to document...until they get charged for them all upon move-out.

But yeah, every single nick, chip, scratch, dent, hole, tear or whatever on anything needs to be documented. The fucked up thing is the landlords rarely ever fix these things even though they may charge multiple renters for the same damages.

I've been there. One landlord tried that crap with me over a hot tub with a worn spot in it, and a shower with tiles that needed replacing.

[Bugeater]

Yeah we didn't get one of those sheets and didn't document damages when we moved in. Not that I really believe it matters, because the landlord sold the duplex while we were living here so we're dealing with a completely different guy, so I expected complications from that anyway.
Well next time make one of your own, have the landlord sign it and keep a copy of it for yourself, that way an new owner won't be able to charge you for damage that the previous one acknowledged was there. They may try, but I can't imagine it would hold up in court.

[Jewish Rabbi]

The biggest question I have now is whether to try to even get deposit back... If he's been an asshole the last year, I feel like he'll try to charge us for every little thing he can find...

[Jewish Rabbi]

Well next time make one of your own, have the landlord sign it and keep a copy of it for yourself, that way an new owner won't be able to charge you for damage that the previous one acknowledged was there. They may try, but it would never hold up in court.

Duly noted. I'm moving in with a buddy that lives in a house his dad owns, so at least I'll avoid all of these headaches next time.

[Bugeater]

I've been there. One landlord tried that crap with me over a hot tub with a worn spot in it, and a shower with tiles that needed replacing.
Unfortunately, I learned that lesson the hard way too.

[RustShack]

I would just leave. Change your identity and never look back.

[FAX]

In other news, I'm currently watching the feature film, "Nude Nuns With Big Guns". I must admit, this is a fabulous achievement in semiotics and an extraordinarily impressive example of the cinematic arts. It speaks with a voice that is at once raw and sophisticated while effectively assimilating the cultural implications of problematized existentialism. I strongly recommend this motion picture to those among you who seek out meaningful experiences through cinephilia or get off on tons of blood and bare tittahs.

FAX

[Jewish Rabbi]

In other news, I'm currently watching the feature film, "Nude Nuns With Big Guns". I must admit, this is a fabulous achievement in semiotics and an extraordinarily impressive example of the cinematic arts. It speaks with a voice that is at once raw and sophisticated while effectively assimilating the cultural implications of problematized existentialism. I strongly recommend this motion picture to those among you who seek out meaningful experiences through cinephilia or get off on tons of blood and bare tittahs.

FAX

So I should send an illegally downloaded copy of this movie to my landlord before I burn the house down, so he's not quite so angry?

[salame]

murder

[Fritz88]

If you were Dane...this would not have been an issue.

[Bwana]

Do you watch the show Justified? If so, you will get this one.

http://images.media-allrecipes.com/site/allrecipes/area/community/userphoto/big/162903.jpg

[Hog's Gone Fishin]

So I mailed in my rent last Friday along with my intent to vacate letter, and I just got a letter today saying my landlord hasn't received my rent and was charging me a late fee for it. How should I go about resolving this? Tell him to piss off, keep my deposit, and leave? This isn't the first time he would have lost a rent check, and promised me he would repair my front steps in February, which haven't been looked at yet. Also, when the refrigerator broke, it took him two weeks to get it repaired for us. I guess the point I'm trying to make is that he isn't a top class landlord, and we've never paid rent late before. Any suggestions?


Do you rent from me ? What's your real name ?

[Bwana]

Do you rent from me ? What's your real name ?

Well if he rents for you, perhaps you two can figure out a trade, to work off the rent money? :hmmm:

http://www.thepigsite.com/articles/contents/06-03NswDpiHus1fig1.jpg

[Simplex3]

Duly noted. I'm moving in with a buddy that lives in a house his dad owns, so at least I'll avoid all of these headaches next time.

Hahahaha. Suuuuure you will.

I used to work for a guy who said "contracts let friends stay friends."

[The Franchise]

The biggest question I have now is whether to try to even get deposit back... If he's been an asshole the last year, I feel like he'll try to charge us for every little thing he can find...

Trying wont hurt anything. If he decides to keep your entire deposit....tell him you want an itemized list of the damages and the cost.

[Pasta Little Brioni]

Do you watch the show Justified? If so, you will get this one.

http://images.media-allrecipes.com/site/allrecipes/area/community/userphoto/big/162903.jpg

He wouldn't be the first man to die from tasting Mags "pie"

[banyon]

Duly noted. I'm moving in with a buddy that lives in a house his dad owns, so at least I'll avoid all of these headaches next time.

Yeah, this sounds like a big improvement...

...until things go wrong...

...and then people wish they had it in writing.


Can't tell you how many people I've advised who told me "we didn't do a contract because we thought it would be alright and now it's not." :facepalm: