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

[SoftwareEng]

Originally posted by: jjsole

Originally posted by: SoftwareEng

Originally posted by: jjsole
Did he say a check was required at application time? Usually only an application fee is required. Technically a lease isn't required...if you filled out an app, it was accepted, and it just happened to have a check with it, you could be on the hook for the first month. Doesn't mean you have to live there beyond that tho...no lease means you're on a month-to-month agreement.

Haha that would be awesome. Live there for a month, then move out. He'd LOVE to pay the agent's listing fee twice (here, he's paying full fee to the agent) and then risk missing Sept. 1st, the popular moving date.

I personally would write a check for that amount, if I owned several properties and realized the person wasn't being an asshole intentionally..

Most landlords aren't going to want someone to move in without a lease since they will not only have extra liability, they'll have to clean it again (and like you said, relist it.)

With that in mind, I think the landlord is going to *want* to give the money back.

SO DO NOT SIGN THE LEASE! While paying is an acceptance on your part, its also an acceptance on his part...

Hopefully "rent" was written on the bottom of the check like MoPHo asked.

I'm waiting for the image of the check to appear in my online banking statement as I don't remember if I wrote "rent" or "deposit".. I'm bad with money 🙁 well, it's gonna change now I hope.

 

[silverpig]

Heh, better yet, because no lease was signed, you should see if you can move in and then give him a check for $50 for every month after 😉

 

[Miramonti]

Originally posted by: SoftwareEng

Originally posted by: jjsole

Originally posted by: SoftwareEng

Originally posted by: jjsole
Did he say a check was required at application time? Usually only an application fee is required. Technically a lease isn't required...if you filled out an app, it was accepted, and it just happened to have a check with it, you could be on the hook for the first month. Doesn't mean you have to live there beyond that tho...no lease means you're on a month-to-month agreement.

Haha that would be awesome. Live there for a month, then move out. He'd LOVE to pay the agent's listing fee twice (here, he's paying full fee to the agent) and then risk missing Sept. 1st, the popular moving date.

I personally would write a check for that amount, if I owned several properties and realized the person wasn't being an asshole intentionally..

Most landlords aren't going to want someone to move in without a lease since they will not only have extra liability, they'll have to clean it again (and like you said, relist it.)

With that in mind, I think the landlord is going to *want* to give the money back.

SO DO NOT SIGN THE LEASE! While paying is an acceptance on your part, its also an acceptance on his part...

Hopefully "rent" was written on the bottom of the check like MoPHo asked.

I'm waiting for the image of the check to appear in my online banking statement as I don't remember if I wrote "rent" or "deposit".. I'm bad with money 🙁 well, it's gonna change now I hope.

If its for the rent amount, it shouldn't be a problem since it will be obvious what its for. He's not going to want you in there without a lease tho, so use that to get your money back, even if you have to go to small claims. Its not unheard of either to see a lease and say fvck this, I don't agree to those terms, so there was definitely a lack of integrity cashing the check already.

 

[SoftwareEng]

Originally posted by: LordMorpheus
There is no indication that the landlord is reluctant to return the money to the OP yet.

So, the obvious thing, call the landlord and say thanks but no thanks, I'd like my money back, and don't freak out unless they say "nope."

It could be he just takes a stack of checks to the bank and puts it in every week or so, and yours was just part of the pile, and he has no intentions to screw you.

I like that version a lot. I do. I'm trying to believe people are innocent and mistakes are just accidents... You're right, I have to talk to the landlord. The property's been listed for only a couple of days so in his (honest) eyes, nothing changed..

 

[Miramonti]

Originally posted by: silverpig
Heh, better yet, because no lease was signed, you should see if you can move in and then give him a check for $50 for every month after 😉

Most states if not all default to a 'month to month' agreement if no lease is signed, where the full rent is still due and 30 days notice is required before moving out.

 

[Blackjack200]

It's been a long time since I took business law but I think there needs to be consideration for a contract to exist. Yes, he signed over money, but it is not a valid contract unless the landlord can prove that he provided consideration to the tenent. If there was no verbal or written lease agreement, it would seem that the landlord does not have a leg to stand on.

OP, I would simply ask nicely for the money back tomorrow. If the landlord refuses, just call a lawyer, the lawyer should be able to tell you if you're screwed or not.

 

[SoftwareEng]

Originally posted by: Blackjack200
It's been a long time since I took business law but I think there needs to be consideration for a contract to exist. Yes, he signed over money, but it is not a valid contract unless the landlord can prove that he provided consideration to the tenent. If there was no verbal or written lease agreement, it would seem that the landlord does not have a leg to stand on.

OP, I would simply ask nicely for the money back tomorrow. If the landlord refuses, just call a lawyer, the lawyer should be able to tell you if you're screwed or not.

I'll call tomorrow, like you and others suggested.

Thanks guys.....

 

[zinfamous]

Originally posted by: SoftwareEng

Originally posted by: FetusCakeMix
I guess that's what you get for giving away signed checks to people you just met?

I knew your response wouldn't be helpful when I noticed it to be shorter than your signature. But thanks anyway

It's helpful because it's obvious and true. The only thing that you should ever expect to pay before a lease is ever seen is an application fee. 30 bucks, maybe 60 depending on where you live.

call the local renters board, see what can be done. look into the local rental laws. otherwise, you fucked yourself. hard.

 

[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.

 

[zeruty]

Give the landlord a call and ask for the check back. Don't get accusatory or even mention you know he deposited it. This will make you seem less confrontational.
If he's got any integrity he'll figure out he already cashed it, and write you a check back.

 

[JD50]

Originally posted by: SoftwareEng
I'm bad with money

 

[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:

 

[Fingolfin269]

Stop freaking out when you haven't even talked to the landlord yet. Besides, let's say he tells you to get bent. You liked the apartment or wouldn't have handed over the money right? So, you end up staying there and the stupid tax in all of this is what you lost by not getting the other apartment that you liked better. Regardless you will have a place to live and some additional street smarts to go with it.

 

[Kelemvor]

So you're freaking out about all this and you never even called the guy to let him know you changed your mind and to ask for the money back? Talk about over reacting.

 

[ebaycj]

Originally posted by: SoftwareEng

Originally posted by: LordMorpheus
There is no indication that the landlord is reluctant to return the money to the OP yet.

So, the obvious thing, call the landlord and say thanks but no thanks, I'd like my money back, and don't freak out unless they say "nope."

It could be he just takes a stack of checks to the bank and puts it in every week or so, and yours was just part of the pile, and he has no intentions to screw you.

I like that version a lot. I do. I'm trying to believe people are innocent and mistakes are just accidents... You're right, I have to talk to the landlord. The property's been listed for only a couple of days so in his (honest) eyes, nothing changed..

Good luck with that..

 

[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.

 

[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.

 

[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?

 

[wwswimming]

i would go straight to small claims. usually there is a clinic at a local law school where
the law school students help people fill out paperwork etc.

 

[alkemyst]

Originally posted by: Leros
Often your deposit is your 1st months rent. You might be screwed.

And to answer your other question, yes if it's a deposit it does matter.

People need to learn to shop then buy, not the other way around. They figure they will just tie everyone else up and see if they can find a better deal. Once they do they expect everyone else to cater to that.

It happens alot in PC / Electronics. Someone buys something as an early adopter at a premium and then abuses a 90 day or longer return policy to rebuy that item at another vendor.

 

[Modelworks]

Talk to the landlord . It sounds like what happened is your check was placed in with the daily receipts which most businesses deposit at the end of the day. A lot of businesses deposit whatever is in the drawer/bag and without sitting down and going through every single item to see what needs to be deposited. If it is in deposits, it gets cashed.
So just talk to the guy.

 

[Rastus]

Ask politely for it back. If they don't give it back, go down to sign the lease. But, modify the lease by lining out things and writing your own terms before signing. Maybe drop the payments $100/month. They'll give it back then.

 

[biggestmuff]

Originally posted by: FetusCakeMix
I guess that's what you get for giving away signed checks to people you just met?

Isn't that what you do with 98% of your checks?

 

[sonambulo]

Constructive suggestions?

Call the landlord and speak to him. If he's being a dick go and get a consultation with a lawyer (depending on the size of the check, naturally).

 

[RbSX]

Originally posted by: SoftwareEng
I found an apartment today to rent through a real estate agent, and filled out their application (not the lease). I also gave them a check for the 1st month rent. (No agent fee here).

A few hours later (doh!) I found a much better apartment. I told the first agent I was no longer interested, and to please notify the landlord. This is all before signing or even seeing a lease.

Tonight, I see the landlord cashed my 1st month rent check! Wtf, can he do that? All I filled out was an application, to be considered for that apartment.

Any constructive suggestions? thank you.

Bro, you don't give him a check with your application.