Landlord cashed my check before I signed the lease! (** GOT MY $$$ **)

[IceBergSLiM]

I rent out rooms. Lets say someone comes to me and says they want the room. i tell them if they want the room they must leave a deposit. Then upon lease signing they must pay first months rent.

If this person backs out 1 week, 2 weeks, or whatever....they lose their deposit because I stopped searching for tenants and lost out on income. I make them sign a waiver saying the deposit reserves them the room and they do not get it back if they decide not to move in.

 

[brandonb]

I've had landlords do the same thing to me, but they typically send back the money in a refund check. For some who might not have the funds in the bank this might be a problem but for me it was no big deal.

 

[zinfamous]

Originally posted by: Gibson486
geesh, you guys are hard on him....how many of you actually rent? The way is usually goes is that you fill out the application WITH the 1st months rent (or whatever they want upfront). Once you are approved by the landlord, then you sign the lease, which has already been signed be the landlord. It's understood that if you put in an application, you will accept the lease terms once the landlord accepts your application. You usually have to sign a paper too (at least in MA) that even tells you that once the landlord agrees to accept you, you are now on the hook because the place is now taken off the market.

Now, OP, the reason why this process is like this is because 1, they only want people who are serious about renting the place (why else would you put down all that money) and 2, once the application is approved, someone owes the fee. LIve and learn...do not commit to anything until you see all your options.

I've NEVER paid rent during the application process in the 11 or so years that I've been renting. 3 different parts of the country.

Where have you seen such a process?

 

[Gibson486]

Originally posted by: zinfamous

Originally posted by: Gibson486
geesh, you guys are hard on him....how many of you actually rent? The way is usually goes is that you fill out the application WITH the 1st months rent (or whatever they want upfront). Once you are approved by the landlord, then you sign the lease, which has already been signed be the landlord. It's understood that if you put in an application, you will accept the lease terms once the landlord accepts your application. You usually have to sign a paper too (at least in MA) that even tells you that once the landlord agrees to accept you, you are now on the hook because the place is now taken off the market.

Now, OP, the reason why this process is like this is because 1, they only want people who are serious about renting the place (why else would you put down all that money) and 2, once the application is approved, someone owes the fee. LIve and learn...do not commit to anything until you see all your options.

I've NEVER paid rent during the application process in the 11 or so years that I've been renting. 3 different parts of the country.

Where have you seen such a process?

I am guessing you never lived in the city and rented through a realtor? In big cities, most places will not even accept your application if you have not put some money down...whether it be first months rent or simply the actual fee itself.

 

[magomago]

Originally posted by: Legendary
Enjoy learning your lesson. Also learn what a STOP payment on a check is.

Originally posted by: Attrox
It's been only a day. Just do a stop payment on the Check. You haven't signed anything yet, what can the landlord do.

These oracles are giving you valuable information.

By the way, look at your copy of the check on your checkbook. It will show what you wrote in the 'notes' section.I can't think of a set of checks that doesn't have the CC paper.



It was an innocent mistake, but it was stupid. Got it? Next time don't do that.

And just to repeat it once more Call the Bank and do a Stop Payment on the Check if you still can . Call the LL and tell him you'd like to pull out since you signed nothing. If he says "oh you have to, I deposited your check", then say "Don't worry about it! I went and got it taken care of, I put a stop payment. Have a nice day, I are still own my base, and K thnx bye!"

 

[Miramonti]

did you talk to the landlord?

 

[Attrox]

Originally posted by: geno

Originally posted by: ebaycj

Originally posted by: geno

Originally posted by: Attrox
It's been only a day. Just do a stop payment on the Check. You haven't signed anything yet, what can the landlord do.

He cashed it already. I'm pretty sure you can't stop it when it's already been cashed. :laugh:

You can. It takes a couple days to settle. If you do a stop payment on it before your bank actually hands his bank the real cash, they will not make that payment. At which point his bank is on the hook for it, and will basically debit it from his account.

Well that's good to know. Is it common for banks to charge above and beyond their normal stop-pay fees when this happens?

I think my Bank only charged like $8 for it.

My business sometime deals with customer who send in checks and it's a nightmare to deal with. Even though the check cleared and money went into bank account, that does not mean they can't do a stop payment or that the check funding has been cleared yet.

 

[Legendary]

Originally posted by: Gibson486

Originally posted by: zinfamous

Originally posted by: Gibson486
geesh, you guys are hard on him....how many of you actually rent? The way is usually goes is that you fill out the application WITH the 1st months rent (or whatever they want upfront). Once you are approved by the landlord, then you sign the lease, which has already been signed be the landlord. It's understood that if you put in an application, you will accept the lease terms once the landlord accepts your application. You usually have to sign a paper too (at least in MA) that even tells you that once the landlord agrees to accept you, you are now on the hook because the place is now taken off the market.

Now, OP, the reason why this process is like this is because 1, they only want people who are serious about renting the place (why else would you put down all that money) and 2, once the application is approved, someone owes the fee. LIve and learn...do not commit to anything until you see all your options.

I've NEVER paid rent during the application process in the 11 or so years that I've been renting. 3 different parts of the country.

Where have you seen such a process?

I am guessing you never lived in the city and rented through a realtor? In big cities, most places will not even accept your application if you have not put some money down...whether it be first months rent or simply the actual fee itself.

I've signed two leases in the past two years in NYC and I never paid a dime until the lease signing, where I was told to show up with certified checks. At that time the first month rent, security deposit, and broker's fee was paid.

Different strokes for different cities I guess, but why anyone would pay a dime without knowing for a fact they're receiving a service is beyond me.

Also, a STOP payment on a check will still work - stop payments are good up until the moment the check is sent to the check writer's bank - if a stop is in place at this point, the writer's bank will send the check back and the casher's bank will debit his account.

If the landlord cashed the check at the same bank as the OP, he is likely out of luck. Otherwise it's definitely still worth a shot.

 

[DAPUNISHER]

Dark and lonely on a summer's night.
Kill my landlord. Kill my landlord.
Watchdog barking. Do he bite?
Kill my landlord. Kill my landlord.
Slip in his window. Break his neck.
Then his house I start to wreck.
Got no reason. What the heck?
Kill my landlord. Kill my landlord.
C-I-L-L my land lord.

 

[Red Squirrel]

You signed your lease, when you signed that check.

Why give a check before you agree to pay someone? When you give a check to someone it's because you are ready for them to cash it at any time.

I would try to reason with him to at least pay you half back or something, but you're probably out of luck.

 

[OILFIELDTRASH]

I still haven't heard why you gave a signed check to your realtor. When you filled out the amount didn't you ask what its for?

 

[Gunslinger08]

Update?

 

[SoftwareEng]

updated (in original post)

 

[surfsatwerk]

Originally posted by: SoftwareEng
updated (in original post)

You're a crackhead if you think moving in for a month is something a sane person would consider.

 

[Brainonska511]

Originally posted by: SoftwareEng
updated (in original post)

What a douchebag (the landlord)

 

[guyver01]

Originally posted by: SoftwareEng
updated (in original post)

I woulda told him.. go ahead.. call the cops. this way it's on record that you stole my money and will not return it.



btw.

consult lawyer
stat

 

[SoftwareEng]

Originally posted by: surfsatwerk

Originally posted by: SoftwareEng
updated (in original post)

You're a crackhead if you think moving in for a month is something a sane person would consider.

You mean me or him? My point is, that would suck for him so much, he should rather WANT to give me my $ back!

 

[Brainonska511]

Originally posted by: guyver01

Originally posted by: SoftwareEng
updated (in original post)

I woulda told him.. go ahead.. call the cops. this way it's on record that you stole my money and will not return it.



btw.

consult lawyer
stat

A lawyer would probably tell him to file a suit in small claims court, where you don't need a lawyer.

 

[Clair de Lune]

A fool and his money are soon parted.

I mean seriously, this means me want to rage. This is fail on all fronts.

 

[mugs]

Originally posted by: SoftwareEng
I am willing to live there for 1 month, but he doesn't have last month or security. He says if I keep harassing him, he'll call the police. End of conversation.

He has the last month's rent - because the first month and the last month are the same month.

 

[surfsatwerk]

Originally posted by: SoftwareEng

Originally posted by: surfsatwerk

Originally posted by: SoftwareEng
updated (in original post)

You're a crackhead if you think moving in for a month is something a sane person would consider.

You mean me or him? My point is, that would suck for him so much, he should rather WANT to give me my $ back!

I mean you. You gave him the money and now you're basically at his mercy. Making up crazy scenarios about moving in for a month won't endear him to you.

 

[Capt Caveman]

Originally posted by: Clair de Lune
A fool and his money are soon parted.

I mean seriously, this means me want to rage. This is fail on all fronts.

Speaking of fail...

 

[lykaon78]

At this point I'd send him a registered letter. Politely explain that you will call him on Sept. 1 to arrange picking up your refund and if he doesn't deliver that you will file a claim in small claims court and a complaint with the better business bureau, equal housing commission, or whatever other agency in your area that may be remotely connected to housing.

 

[narzy]

file small claims action and pray. I think there is a filing fee but that is it. And if you win you can ask for the filing fee as part of the settlement. If the guy tries to settle be an ass and tell him "tell it to the judge!"

 

[Rumpltzer]

Originally posted by: narzy
file small claims action and pray. I think there is a filing fee but that is it. And if you win you can ask for the filing fee as part of the settlement. If the guy tries to settle be an ass and tell him "tell it to the judge!"

Screw that. No lease was signed.

A bank stop on the check costs less than small claims court and it takes less time.