WatchEarlier in the month I started the thread that follows, , in reference to my landlord (month to month contract) pushing to get his rent before the due date of the 1st and my rights.
He is really getting on my nerves. I got a text message from him over the weekend, "hello wuaname"... typically that follows with something about the rent. I ignored it, figured if it was important he can pick up the phone. I had already decided to hand him the July rent pmt on the 1st in person vs "leaving it under the rug", as he's requested in the past, and discuss with him to get off my case since he has NOT been paid late by me in the 3 months I've been there.
A 1-2 wks ago (b4 the wknd's text message) I got another text from him requesting payment in another form b/c my check's were takiing too long to clear (actually that was in the prior thread). I explained to him there was more than sufficient funds and that was his bank that put a hold on it, but he was welcome to walk into my bank's branch and cash it there..I was going and am going to tell him when I talk to him that it seems he's had some NSFs in the past since his bank is putting holds on local checks. He's really got to be tight on cash when he doesn't have enough funds in the bank to cover the clearing time on my $700 rent payment.
The text from 6/21 was "You're cks are taking 3-5 days to clear, so I will need to either collect earlier or collect cash". I texted back "read the contract, ck is due on the 1st, not cash"...and her ended the text convo with "I wil try cashing it, if that doesn't work I won't be accepting personal checks"... REMEMBER, I have not bounced a check at all , no cash flow issues on my end.
Well, today I got another text, and it goes something like this "hey wuaname, just a reminder, please put out check to "cash". thank you".. Is he kidding? a rent check made out to cash? What is he going to do sell it on the secondary market? LOL, go give it to a friend, a check cashing store?
What a PIA... What do you guys think I should tell him?
edit - I am definitely not making the check out to cash.
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47 male
Lafayette, CA
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Don't make checks out to cash. Simply continue to follow the contract. The landlord is bluffing and apparently quite stupid.
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OP, your observation is not indicative of all landlords. I've had positive cash flow on my rentals for the past 8 years. My tenants are often 10-15 days late. i even had one that was always 2 months behind at the beginning of the year (Photographer and slow business).
I deal with it because they pay top dollar and complain/ask very little.
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He wants you leave a check, made out to cash, under his doormat. Does he think you're a moron? Why doesn't he just directly tell you that he wants to steal your money?
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Do NOT make it out to cash. You want his name on it. Its a proof of payment, if he goes to court this shows you paid him.
(Save the text message too just in case it comes down to it).
Tell him straight up that you will not make it out to cash because this is your proof of payment to him specifically and this is legal. If he will try anything shady you'll take him to court. If he tries to give you a receipt don't fall for that either, check is the only thing that can be tracked by the bank because he has to withdraw it using his Driver-license or ID.
You are correct, this isn't normal, this is shady. Make sure to cover your behind with this guy around. Make all checks to him, make them on time, and don't let him get away with anything illegal. Don't make any payments to him that cannot be tracked easily to him.
Check with county assessor for any NOD's.
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Weston, FL
I had rented b4 from a rental community aka large company, never from an individual. I'm glad to hear this isn't the norm. Two weeks ago I even offered to pay him "up to 2 wks before the 1st" , but he would have to give me a discount (hey, I offer my clients a prompt pay discount, lol).
I checked the property online and it doesn't show any lis penden nor foreclsure or anything of that nature; then again banks are so far behind..who knows..
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EMan says
Yes, exactly. If you are paying cash, then you need a receipt from him, not his doormat. This guy is trying to screw you.
Do what your contract says and pay him in check on the 1st. It's likely that his check holds are from his cash flow, not yours.
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Weston, FL
He's been sending me texts this afternoon...Is there a county / state agency that I can report his azz? I am getting tired. At least I have it all in his texts.. well, here, let me show you some of them:
"I don't like getting paid 5 days afer rent is due. How would you like getting your paycheck at work and not getting it cleared for 5 days?"( HE GETS HIS CK ON THE FIRST, but he's counting the date it "clears" his bank.. I already told him to go to my bank to cash it, since he doesnt have the funds to cover the $700 rent payment in his bank)
"let's not talk about my personal financial situation (I had mentioned the no funds to float my check in his account). I want the money to go through b4 july 1st. Got it? tk you"
"I don't want to have any bad terms with you, but you seem like your the only tenant who has issues paying me in the form I ASK FOR. I will NOT accept personal checks anymore unless it is made cash. Im sorry for any invconvinience."
Now if he doesn't want to accept my check when I go give it to him, it's his word against mines. For next month I will mail the check certified mail 2 weeks before with the date of Aug 1st, fk it...
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You could always call his bluff and see if he gives you notice or tries to evict you. You could move out too.
If you report it now, you will probably just be told that there is nothing they can do since he hasn't tried to evict you. If he does, and you have been tendering checks, which is allowed under the contract, then his unlawful detainer suit should get dismissed quickly. Refusing a tender of payment is the landlord's problem, and the fact that he has crappy relations with the bank is not an excuse.
If he wanted cash, he should have said cash on the contract, and he should be able to give you a receipt. Who knows what his problem is -- either he's broke with cashflow issues or he's trying to avoid taxes. You don't want to be mixed up in either. If he's too stupid to realize that a tenant who pays on time consistently is worthwhile to keep, it's not your problem.
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Virginia Beach, VA
wuaname says
Bullshit. He can't dictate terms verbally when there is a written contract. Tell him to go fuck himself, and if he has a problem he can take you to court.
It doesn't matter what HE ASK FOR, it matters what the contract says. Unless it states that personal checks are strictly prohibited (which it won't) and that cash is mandatory, he's just trying to strong-arm you. And how can you prove you paid him if you write it to "CASH" every month? Could he be able to come back later and claim you never gave him a dime? And when he takes you to court and you show 8 months cancelled checks made out to "CASH", will the judge tell you, "Sorry, that is not proof you paid HIM the rent..."?
Keep a record of EVERYTHING. Save EVERY Text you get from him. You're coming up soon on grounds to break the lease outright and leave. He's not allowed to demand payment before the contractually agreed-upon due date (the 1st). This bullshit about "It has to CLEAR by the first" is hogwash. Every landlord paid by check knows the deal with checks clearing. This guys' a deadbeat. I've sometimes had to ASK my landlord to cash the check because 2-3 weeks have gone by and she's forgotten, because we pay her 3 months at a time (imagine if you gave this loser 3 months payments all at once....think he'd sit on those checks?) It is most certainly a cash-flow issue.
LOL...."Make it out to cash and slip it under my rug"
How about a shoebox full of unmarked 10 and 20 dollar bills? Or a fat manilla envelope all folded up like the wedding scene in Goodfellas?
Bottom line, the contract is gospel. He absolutely cannot change anything in that contract verbally on a whim, unless he happened to put a clause to that effect, "These terms are all subject to change at the landlord's discretion at any time, without prior notice to the tenant." Which I seriously doubt he did. As others have said, call his bluff. Tell him he can release you from the contract and you can vacate the premesis, or you'll continue to uphold the contract you signed under the original terms.
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Schizlor says
There is nothing wrong with paying cash, obviously (except when the landlord is demanding it without having legal grounds). However, if you are sliding it under the floormat, you're being stupid. You absolutely need a receipt whenever paying a landlord cash or cash-equivalent (e.g. money order).
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Schizlor says
This. Write him a personal check, on time, and so long as it clears, he can't say shit about it. If the 3-5 day period which it takes to clear is insufficient for his needs, he should have stipulated in the contract that the rent be paid by the 27th of the month (or whatever).
This isn't your problem. While I think it's good to have a positive relationship with a landlord and that were he to somehow end up in a financial shortfall which would leave you homeless isn't a good thing, it's unfair of him to demand this from you. Were he to be straightforward, like "wuaname, can you cut me the next few months' checks a week earlier because my finances are fucked up," that's a reasonable request (not demand), and something a reasonable/understanding person could oblige. Same goes the other way, if the tennant needed some extra time at months' end before cutting a check. As long as the dollars add up in the end, it's not a huge deal. Don't put up with this sort of b.s., but try to be diplomatic while standing your ground.
Schizlor is right, the contract means everything, and you should document every interaction you have with the guy. Also, sign up for realtytrac or some other foreclosure website so you know if he's letting the place go into default.
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you can tell him that this is not in the contract, and that he is getting checks in his name. His inability to clear checks out of his own stupidity is not your problem, contractual obligation is to give him a check. Don't be afraid to tell him that you'll take him to court if he keeps on pursuing you over this. Bullies like him usually back off when threatened with law and order.
It really sounds like he is trying to figure out how to screw you because of his personal monetary problems.
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Weston, FL
Thanks for all the 411. I talked to him on the phone and we went back and fourth for a few minutes, basically I told him I am paying him per the contract, on the 1st and it's not my problem if his bank is holding his funds to cover their ass.. I asked him if he had cash flow problems and would've asked me in a different way I would have no problem paying him sooner, as I had mentioned, as long as there was some type of early pay discount. His mentality CONTINUED TO be "I want my $ available on the 1st"... I told him that is your problem, I am following the contract. I told him clearly, very clearly, "stop harrasing me, b/c I haven't paid you late one time. If we need to end up in court, we will, as I am abiding by YOUR contract. If you miswrote it, you can't back out now. You have a good tenant, with no issues, I travel a lot, and you get your rent on time.. DON"T harrass me any further".. He took a step back and said, fine that I seemed unreasonable, but fine,...
done with it..lol
thanks for all the comments.. Hopefully I won't start another thread on the same subject next month...
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San Jose, CA
It seems to me that checks made out to CASH could be his way of trying to earn unreported (IRS) rental income??? You can always give him a check earlier, but postdated to the 1st of the following month? And as you said, he could go to your bank and get the $$$ cashed. He is trying to do something shady, though I suspect that he might screw you over as you are a valuable and well paying tenant.
Well done and stick to your guns.
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bayhousehunter says
I don't know about the general case, but some of my bank's policies have specifically stated that they will not delay payment to honor postdate restrictions on checks I write.
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Weston, FL
I googled post dating and that is what I understood, that the bank won't guarantee they won't cash if b4 hand.. So I was thinking to post date it, highlight the post date. and then in the back where he endorses put "his name only, not before date, 2011"...
Like I said b4, it's just the principle, not that the funds won't be there. I told him, "would you be ok if I paid you 5 days late, even though the contract says the 1st?"....."well, not, that's different, but, but, but"... That's when I told him "well, I don't want to pay you five days early either, I prefer to keep my money on my side as long as possible, as long as I comply with the contract"...
My attititude today?
1. PIA, it's not like I am getting a bargain. It is priced normal for the market here. So I can go find somewhere else since this low rental place is only until the end of the year for me, to save some cash.
I could give him the 30 day notice on June 1st, then start looking the second week of July...
or
3. F)ck with him a little bit, and just pay him like two weeks early withOUT post dating the Aug rent, lol...
or.
4. Pay him on Aug 1st at 5:01 pm, so he can't cash it that day, lol...
OH well...
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47 male
Lafayette, CA
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I strongly suggest you just ignore him and go on paying like you always have.
Each time you modify your behavior, even in small ways, you're telling your landlord that you can be manipulated. Furthermore he's obviously doing something underhanded, and you don't want to be a party to it whatever it is.
Just don't accept any more text messages from him and tell him all future correspondence should be by mail.
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Murrieta, CA
post his number here. I'd like to speak to him.
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wuaname says
lol
Then put that in the rental agreement, you pathetic slumlord. Rental agreements can contain whatever language or bizarre terms the author wants (unlike what some of our resident housing bull, anti-renting retards here think, the terms can be as long or short as the parties agree to as well).
Tell your landlord to take the rent check to one of those "cash your check" shops with the water bongs and rolling papers on display, where they will gladly front him the money which he needs so badly in exchange for 15% of the check's amount. It's absolutely ridiculous that he would try to lay this on you.
It sounds like it would be no stress for you to comply with his wishes, but for matters of principle you shouldn't cave in. He'll then get the sense that he can modify other aspects of the agreement and before you know it, he'll say "the rent just went up 200 bucks".
Most landlords just want a responsible tenant who pays on time, which is pretty hard to find in our deadbeat society. This guy wants a tenant who is subjugated to his b.s. demands, like a slave. Good for you to not give in.
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Weston, FL
Reflecting back on his "character" when I first moved in we were just talking , small talk b.s. and out of the blue he tells me that his g/f takes him to work b/c his license is suspended. I ask him why and he says for DUI... what a dirtbag...
The Aug 1st check I give him at 5:01 pm, I will put a sticky on it with the closest Cash Checking store address on it, lol.. That will go over well, lol..
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wuaname says
I don't suggest deliberately antagonizing a shady character.
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Do what Iwog says, its a very good advice. Do not modify your behavior in any way to give him an idea that you can be manipulated. Simply continue paying on the first and ignore any messages that you find unrelated. Do tell him to correspond via mail if he continues with text.
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Murrieta, CA
Iwogs advice is spot on.
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Iwog is coorect.
But, in my always tight-ass mind I came up with another option. Tell the LandLord that you will pay your rent in cash on the 30th of each month if he will lower the rent to $500 a month. If he shows intrest in the agreement, produce the agreed terms in written form when you hand deliver the first cash payment.
He may be hiding the income as he gets foreclosed on the place you are renting. A wee bit of fraud in play perhaps. But, for $500 a month, just let him know you'll play along. lol
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Bap33 says
If you can't prove you paid, he may end up taking you to court and get a judgement against you. I would not play that game. Stick to Iwogs advice.
Everyone thought they were that smart during the housing bubble, today those same people are crying for a government handout. Don't fall for it.
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I am a 30 year landlord and my advice to you is supply him the check on the first of the month on time. Do not deliberately antagonize him if you want to continue living there, as that won't look good in front of a judge either. Other than the money issue is he taking care of the place etc?? The guy is obviously screwed up no doubt, but if you are month to month he could decide to end the tenancy so he can get someone to pay green on the first. You could pay green on the first but get a signed receipt from him and make him travel to your door. Or tell him you will pay green on the first but if the rent ever gets increased it's back to checks. Then you have a deal with something in it for you, and a good reason for him to keep you. Depends on if you want to stay. He's an idiot for sure, but if it helps him, you become valuable to him also.
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Denver, CO
If it were me I probably just pay him 5 days early. That's what I tend to do anyway...my checking account doesn't accrue any interest to speak of. If it helps him out, why not? I don't see the tenant landlord relationship as adversarial by nature, and don't want it to go there.
Sure, I may point out that I am entitled to pay on the 1st as the contract says, but as long as it isn't inconvenient for me, I will do him the favor. I guess it's a fine line -- you don't want him to run roughshod over you, but at the same time if it's clear you are doing him a favor, maybe he will be more responsive to your needs should they arise.
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Scottsdale, AZ
robertoaribas's website
Your landlord may be filing or planning on filing bankruptcy, or something, and hence not want a paper trail.
Nevertheless, that isn't your problem or business, So as others have posted, just pay him on time with a check, and he can go piss up a rope if he doesn't like it.
I have accounts at almost every bank in town, so I can instantly cash any renters check at their bank. In fact, at several banks I can scan the check in and deposit it to my account from my home computer, so your landlord is full of bs about not getting access to the money for so many days.