Wheres my rent check!?! Updated Daily!

[Juddog]

I really don't want to post our intentions just incase the LL has been viewing this thread. If you know what to google search for this thread comes up in the top 3 results.

Let me just say this, we are not in a position to move out right now. If we decide to leave we want it to be on our own terms.

I spoke with the attorney again and April's rent will be the last rent he gets until some of the things are fixed around the house. The monies will be put in escrow. The LL will get a letter in the mail stating this along with this month's rent.

Any updates from your attorney?

 

[TangoJuliet]

Any updates from your attorney?

Nope, nothing new to report. Nothing in the mail today so no reason to contact my attorney.

 

[rudeguy]

You are a better man than me. $2500 would be my hill to die on

 

[TangoJuliet]

Finally got something in the mail today from the LL

 

[Fausto]

Finally got something in the mail today from the LL

I'd probably blow my nose on that and send it back to him.

 

[rcpratt]

I'd probably wipe my ass with that and send it back to him.

Fixed :whiste:

 

[Exterous]

Hmmm...'more difficult'? Sounds like he can still get his money without your help. Unless those funds are suddenly back in your bank account it looks like he is able to get the money himself

 

[kranky]

Hmmm...'more difficult'? Sounds like he can still get his money without your help. Unless those funds are suddenly back in your bank account it looks like he is able to get the money himself

I think I said this long ago in the thread, but how are you supposed to swear to any kind of forgery? You have no knowledge of any forgery. If HE says his signature was forged, then HE can swear that there was forgery.

You sent him a check that he received and signed. He claims something happened after that. Either way, YOU have no proof or knowledge of forgery. If forgery is the key to getting the bank to do something, then HE needs to attest to the forgery.

What possible evidence of forgery could you swear to? Nothing. And I'm not splitting hairs, you just don't have any evidence or knowledge of any alleged forgery. Anything you swear to would be pure conjecture on your part.

 

[TangoJuliet]

I just got off the phone with a different law office just to see what their perspective on the matter was.

They said that there really isn't anything to be done right now because he isn't suing us or taking us to court. The harassment letters are annoying but was told to ignore them.

This attorney told me the same thing, the LL doesn't have a leg to stand on in court.

 

[apac]

I just got off the phone with a different law office just to see what their perspective on the matter was.

They said that there really isn't anything to be done right now because he isn't suing us or taking us to court. The harassment letters are annoying but was told to ignore them.

This attorney told me the same thing, the LL doesn't have a leg to stand on in court.

Good, now find a new place to live and be done with it. If you decide to stay in the same place you are just inviting trouble.

 

[TechBoyJK]

Good, now find a new place to live and be done with it. If you decide to stay in the same place you are just inviting trouble.

Based on what he said in the past, he should stay, and just send each check certified mail. They are in the beginning stages of house hunting, and the costs for moving around before they find one are cost preventative. He needs to stay there, and the LL needs to stfu and collect rent checks responsibly.

If my LL said they lost my check, I'd be pissed and put a stop on the lost one, but cut a new one. Now if they said they lost my check, and it was cashed, I'd send them another check, for the next month's rent, when it's due. That's all. I gave them a check, it got cashed. If I gave them a wad of cash, and they lost it and said 'i lost it, and someone spent the money'.. I need the rent again.. Tough shit!

 

[TangoJuliet]

Good, now find a new place to live and be done with it. If you decide to stay in the same place you are just inviting trouble.

I said time and time again we are not in the position to move right now. Aside from having to take time off of work and hire movers those costs can cost upwards of $2000. I'm not moving and then in a couple months move again when we purchase a home.

If the LL wanted to pay our moving expenses, etc to get out of here then that is something we could discuss but we want it to be on our terms.

 

[silverpig]

I think I said this long ago in the thread, but how are you supposed to swear to any kind of forgery? You have no knowledge of any forgery. If HE says his signature was forged, then HE can swear that there was forgery.

You sent him a check that he received and signed. He claims something happened after that. Either way, YOU have no proof or knowledge of forgery. If forgery is the key to getting the bank to do something, then HE needs to attest to the forgery.

What possible evidence of forgery could you swear to? Nothing. And I'm not splitting hairs, you just don't have any evidence or knowledge of any alleged forgery. Anything you swear to would be pure conjecture on your part.

Yep pretty much. OP can't swear to any forgery so it isn't appropriate for him to do so. IANAL, but it seems like you can just tell him that he has to sign the affidavit and let the process take its course.

It sucks for him, but it's not up to you to fix the problem. And sending everything certified mail from now on seems like a good way to go.

 

[Fausto]

I just got off the phone with a different law office just to see what their perspective on the matter was.

They said that there really isn't anything to be done right now because he isn't suing us or taking us to court. The harassment letters are annoying but was told to ignore them.

This attorney told me the same thing, the LL doesn't have a leg to stand on in court.

A law office offered you advice over the phone?

 

[FoBoT]

Anything you swear to would be pure conjecture on your part.

QFT

and here say
this thread is proof of massive hear say

 

[Born2bwire]

I just got off the phone with a different law office just to see what their perspective on the matter was.

They said that there really isn't anything to be done right now because he isn't suing us or taking us to court. The harassment letters are annoying but was told to ignore them.

This attorney told me the same thing, the LL doesn't have a leg to stand on in court.

Don't worry, I'm sure Alkemyst knows better than the lawyers and can explain how this is all your fault and that you're still liable.

 

[waggy]

A law office offered you advice over the phone?

on such stuff yeah they will. I have had gotten advice over the phone on small stuff a few times. pretty much you can't do anything until it goes to court anyway (besides document EVERYTHING). Odds are this won't go to court (though the LL is a idiot and may do it anyway)

now if its anything that is headed soon then they will say come in.

 

[TangoJuliet]

As per the attorneys I have spoken with, I have drafted this letter. I plan on sending it with April's rent check.


Mr. LL,

After speaking with the police, the branch manager at Citibank in (deleted), real estate agents and to numerous attorneys, they have all stated that I am under no obligation to pay you again for March’s rent. You admitted to having the check in your possession, signing it with your name and account number. I have provided you all the information I have after spending countless hours at the bank and on the phone.

I cannot sign an affidavit of forgery because I have zero evidence that a case of forgery exists. I will not sign a document when on that document it states making any false statements is a crime. If you have evidence that a forgery exists then you need to fill out the form and contact your local authorities. I have spoken with my local police department and they said I cannot fill out any paperwork because no crime has been committed between either of us.

Furthermore, after April’s rent check all future rent checks will be put in an escrow account until you make the necessary repairs to the house. Those repairs include: repairing the backyard area and seeding the lawn where the cesspool was fixed. Fixing the pool cover so that it no longer sags allowing stagnant water to collect on top of it. Repairing the broken window in the master bedroom. A request to fix those items were given to you as far back as November 2011 and have still not been fixed.

We also will not require any further deliveries of oil. Any future deliveries by (deleted) Fuel Oil company will be denied. If the tank is filled by (deleted) when we are not home then it will be your responsibility to make payment. There is nothing in our lease that states we are required to continue your contract with (deleted) Fuel Oil company. As of right now the tank of 550 gallons is full. According to our lease agreement, you will be responsible for every gallon at a rate of $4/per gallon.

This letter’s purpose is to put you on notice. If you would like to discuss any of these issues further please contact my attorney. Please do not harass me any longer with your threatening letters, emails or text messages.

Thoughts/Comments??

 

[ch33zw1z]

What's the deal with the pool cover? What type of pool is it? I have never seen a pool cover that didn't accumulate water on top. Is it some sort of hard cover for a smaller pool?

 

[Fausto]

As per the attorneys I have spoken with, I have drafted this letter. I plan on sending it with April's rent check.


Mr. LL,

After speaking with the police, the branch manager at Citibank in (deleted), real estate agents and to numerous attorneys, they have all stated that I am under no obligation to pay you again for March’s rent. You admitted to having the check in your possession, signing it with your name and account number. I have provided you all the information I have after spending countless hours at the bank and on the phone.

I cannot sign an affidavit of forgery because I have zero evidence that a case of forgery exists. I will not sign a document when on that document it states making any false statements is a crime. If you have evidence that a forgery exists then you need to fill out the form and contact your local authorities. I have spoken with my local police department and they said I cannot fill out any paperwork because no crime has been committed between either of us.

Furthermore, after April’s rent check all future rent checks will be put in an escrow account until you make the necessary repairs to the house. Those repairs include: repairing the backyard area and seeding the lawn where the cesspool was fixed. Fixing the pool cover so that it no longer sags allowing stagnant water to collect on top of it. Repairing the broken window in the master bedroom. A request to fix those items were given to you as far back as November 2011 and have still not been fixed.

We also will not require any further deliveries of oil. Any future deliveries by (deleted) Fuel Oil company will be denied. If the tank is filled by (deleted) when we are not home then it will be your responsibility to make payment. There is nothing in our lease that states we are required to continue your contract with (deleted) Fuel Oil company. As of right now the tank of 550 gallons is full. According to our lease agreement, you will be responsible for every gallon at a rate of $4/per gallon.

This letter’s purpose is to put you on notice. If you would like to discuss any of these issues further please contact my attorney. Please do not harass me any longer with your threatening letters, emails or text messages.

Thoughts/Comments??

This should be on your attorney's letterhead.

 

[Lifted]

This guy is one lazy SOB. For $2,500 I'd be moving mountains.

He stated that a Citibank fraud representative can provide me with a letter outlining the process that should be taken to return said funds.

So why didn't he get it instead of just telling you he could?

 

[RbSX]

I've been following this thread without commenting. It strikes me that the LL is trying to commit fraud here.

 

[TangoJuliet]

Along with that letter the LL included a check for his portion of the oil that we split each month. I happened to look at it a little closer......

hmmm Chase Bank??

 

[Lifted]

Along with that letter the LL included a check for his portion of the oil that we split each month. I happened to look at it a little closer......

hmmm Chase Bank??

bwahahaha

looking a lot more like the wife and him are having issues.

 

[slayer202]

I'm not reading through the whole thread and I don't see it mentioned in the first post, but did you ever find out who has the money?? Even if the LL lost the check, I would assume whoever deposited it would be in a bit of trouble, responsible for returning the money at least.