Wheres my rent check!?! Updated Daily!

[ElFenix]

your place or a clients?

client's

 

[Dr. Zaus]

The march check is clearly signed by the wife
1) LL said the check was deposited by wife but bank wouldn't take it because of pre-date
2) LL signature, which oddly is LL, was known by the person that signed it
3) The LL signature is consistent when written by the LL but in consistent in this case
4) A crappy but similar version of her husband's sig makes perfect sense

Now let's talk about a few other problems OP:

point seven makes the winterization (read pool cover) your problem, not the LLs.
point eight says that the oil should have been converted over to your name when you moved in.

this only says that what ever is left in the tank when you leave will be paid back to you at $4/gallon it says nothing of monthly deliveries.


Now what do you think he needs to repair TJ?

 

[Atomic Playboy]

So I have revised and edited 2 letters that I am sending to the LL tomorrow. I plan on going to Citibank to have those letters notarized by the branch manager and then they will be sent certified mail to the LL with April's rent.

In the first letter you inform him that all communication should now be done through your attorney... So why bother writing the second letter at all? If you want communication to be done through your attorney, shouldn't you have your attorney drafting letters after you've issued your ultimatum? It sounds bad to send a letter that says "All further correspondence should run through my lawyer" and then send something else which basically says "Oh, and you're a LIAR!" Only send the first one, keep it professional, and let your attorney make any claims towards the veracity of the LL's statements.

 

[TangoJuliet]

Let me see if I can answer all the questions

When looking at the 2 rent checks from a distance they look almost identical. After I scanned them in and zoomed in a bit they do appear to be a little bit different. However, when I asked the LL about it back on 3/5 this was the response. (Sorry its a little messy but I had to screen capture each of the iMessages and paste them into a window that will fit our screens) (Blue = me, White = LL)

Dixy, in reference to point #7. It states that the tenant can use the pool at their own risk. It must be maintained when opened. The pool has NEVER been opened by us. In fact, that pool has not been maintained in over 3 years. There are animals living in the black water that is left in there. I spoke with the town and they said to have stagnant water on the top is a board of health violation.

In regards to point #8. That is exactly the problem. I told the LL that I wanted to get my own oil contract and he wouldn't let us. He said that we had to continue on with his contract. In order to keep the peace I made an offer to split the difference between the COD price and his contract price which he has paid me for on every delivery since. Now, there is nothing in the lease that says I had to do that. I was doing the LL a favor and quite frankly I am done with doing anything for this guy.

The point of putting the $4/gal into the contract was in the event something like this was going to happen. I didn't want to get kicked out and have $2200 worth of oil in the tank that he wasn't going to pay me for. Theres no way he can get out of not paying us for the remainder.

Atomic, I had drafted the first letter and then found out about the Chase thing the following day. I then drafted a second letter. After taking the advice of some ATOTers I have since condensed the two letters into one. I'll post that letter shortly. It did remove the liar stuff and keeps it professional. I haven't sent anything to the LL yet. I wanted to get it notarized from the bank so that there is confirmation that Citibank agrees to the fact that my obligation to the LL is complete. The branch manager has told me that in person but I want to get it in writing as well.

 

[Dr. Zaus]

Got it.


I think the point 7 implies that you are the one to maintain the pool. I can see your point if you say that it needed to be open in the first place for you to ever be responsible for it while it is open. This one is a little sticky though.


Other info well taken, looks like you're in the right.

The branch manager has told me that in person but I want to get it in writing as well.

Good man.

 

[TangoJuliet]

I think the point 7 implies that you are the one to maintain the pool. I can see your point if you say that it needed to be open in the first place for you to ever be responsible for it while it is open. This one is a little sticky though.

I think that is debatable. It clearly states that the pool must be maintained by us when "opened". Since it was never opened I believe it would fall on the LL to maintain. We had the same issue last year and he called a pool guy to come out and drain the water from the cover. The pool guy insisted that he tighten the latches and drain the water. The LL refused to do anything further then have the water removed from off the cover. A couple months later we have the same situation again.

 

[TangoJuliet]

This is the updated letter to the LL. The 2 letters have been consolidated and edited. Please let me know what you think


Mr. LL,

After speaking with the police, the branch manager at Citibank in xxx, 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.

As per section 11 in our lease agreement, 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 xxx Fuel Oil company will be denied. If the tank is filled by xxx 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 xxx Fuel Oil company. As of right now the tank of 550 gallons is full. According to section 33 in our lease agreement, you will be responsible for every gallon at a rate of $4.00 per gallon.

I am also returning the check you sent for your portion of the oil bill since it is not in the correct amount. The COD rate on March 5, 2012 was $3.759. You were billed $4.199. That is a difference of $0.44 per gallon. Since we are splitting that amount your total amount owed is $0.22 x 200 = $44.00 + $10.50 (tax) = $54.50. This total is due no later than April 2, 2012.

This letter is to inform you of the current status of requested repairs and protocol for future communications. If you would like to discuss any of these issues further please contact my attorney.

Thank you,
TJ

 

[EagleKeeper]

"I am also returning the check you sent, drawn on Chase, for your portion of the oil bill ...

 

[alkemyst]

This is the updated letter to the LL. The 2 letters have been consolidated and edited. Please let me know what you think


Mr. LL,

After speaking with the police, the branch manager at Citibank in xxx, 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.

As per section 11 in our lease agreement, 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 xxx Fuel Oil company will be denied. If the tank is filled by xxx 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 xxx Fuel Oil company. As of right now the tank of 550 gallons is full. According to section 33 in our lease agreement, you will be responsible for every gallon at a rate of $4.00 per gallon.

I am also returning the check you sent for your portion of the oil bill since it is not in the correct amount. The COD rate on March 5, 2012 was $3.759. You were billed $4.199. That is a difference of $0.44 per gallon. Since we are splitting that amount your total amount owed is $0.22 x 200 = $44.00 + $10.50 (tax) = $54.50. This total is due no later than April 2, 2012.

This letter is to inform you of the current status of requested repairs and protocol for future communications. If you would like to discuss any of these issues further please contact my attorney.

Thank you,
TJ

You say numerous attorneys, how is he supposed to know who to contact?

 

[Lifted]

You say numerous attorneys, how is he supposed to know who to contact?

I agree.

Tell him to contact Alky instead.

 

[alkemyst]

I agree.

Tell him to contact Alky instead.

I'll just tell him they are both nuts.

 

[Lifted]

I'll just tell him they are both nuts.

LOL

I'd say you hit the nail on the head there.

 

[Dr. Zaus]

LOL

I'd say you hit the nail on the head there.

EDIT

I am not trolling Alky

EDIT

 

[foghorn67]

Yeah, you need one contact for him. Trust me, one of my buddies had an equally nightmarish LL scenario. It really helps to have one point of contact.

 

[EagleKeeper]

You say numerous attorneys, how is he supposed to know who to contact?

Attached your attorney's business card to the letter. Simple solution

 

[Oil]

Attached your attorney's business card to the letter. Simple solution

This. It ain't rocket science

 

[EagleKeeper]

This. It ain't rocket science

Says the guy who's handle sealed the LL fate with the Chase check :thumbsup:

 

[highland145]

Says the guy who's handle sealed the LL fate with the Chase check :thumbsup:

Maybe Oil is the LL and he's trolling TJ and us.

 

[EagleKeeper]

<snip>
Dixy, in reference to point #7. It states that the tenant can use the pool at their own risk. It must be maintained when opened. The pool has NEVER been opened by us. In fact, that pool has not been maintained in over 3 years. There are animals living in the black water that is left in there. I spoke with the town and they said to have stagnant water on the top is a board of health violation.

<snip>

If the pool was not in usable condition at move in; it should not be considered the new tenant's responsibility to make it so unless otherwise stated.

The expectation when moving in to a rental is that all the facilities provided by the landlord are usable.

 

[TangoJuliet]

If the pool was not in usable condition at move in; it should not be considered the new tenant's responsibility to make it so unless otherwise stated.

The expectation when moving in to a rental is that all the facilities provided by the landlord are usable.

The pool was told that its use was at our own risk. I had assumed that meant that LL wouldn't be liable for someone getting hurt/drowning or any maintenance associated with keeping the pool running.

Last summer I got an estimate of $1000 to "open" the pool plus an additional $800 to landscape the pool area that had been let go. I decided to do the landscaping myself. My wife and I then decided against opening the pool for different reasons with the primary reason that it wasn't going to be cost effective.

Even if we opened the pool there was no guarantee from the LL that any of the parts such as the filter even worked. The LL only told us that "it worked fine 2 years ago".

So here is the final draft of the letter. I printed it out and I am taking it to the bank to be notarized today. Its then going out certified mail along with April's rent check.


Mr. LL,

After speaking with the police, the branch manager at Citibank in xxx, real estate agents and to my attorney, they have all agreed 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 that 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.

As per section 11 in our lease agreement, 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 xxx Fuel Oil company will be denied. If the tank is filled by xxx 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 xxx Fuel Oil company. As of right now the tank of 550 gallons is full. According to section 33 in our lease agreement, you will be responsible for every gallon at a rate of $4.00 per gallon.

I am also returning the check you sent, drawn on Chase, for your portion of the oil bill since it is not in the correct amount. The COD rate on March 5, 2012 was $3.759. You were billed $4.199. That is a difference of $0.44 per gallon. Since we are splitting that amount your total amount owed is $0.22 x 200 = $44.00 + $10.50 (tax) = $54.50. This total is due no later than April 2, 2012.

This letter is to inform you of the current status of requested repairs and protocol for future communications. If you would like to discuss any of these issues further please contact my attorney.

Thank you,
TJ

 

[Brainonska511]

This total is due no later than April 2, 2012.

Being the 30th, should you give him a little more time to get the check to you, since he did cut you one check already, although in the incorrect amount. Just the amount of time for him to receive your letter and mail something back would push it past 4/2.

 

[TechBoyJK]

Being the 30th, should you give him a little more time to get the check to you, since he did cut you one check already, although in the incorrect amount. Just the amount of time for him to receive your letter and mail something back would push it past 4/2.

I was thinking that instead of putting it on the LL to cut a check, just tell him you'll be deducting the amount from rent.

By demanding him pay the difference and cut a check, he can just refuse and it's on you to get the money out of him. (I don't have to give you the money!)

By telling him you'll deduct it from Rent, he is now in the position to make you stop the deduction or get that money from you if you do deduct it.

 

[Oil]

Maybe Oil is the LL and he's trolling TJ and us.

I'm not trolling. I'm still trying to find my goddamn 2500 bucks

 

[TangoJuliet]

I was thinking that instead of putting it on the LL to cut a check, just tell him you'll be deducting the amount from rent.

By demanding him pay the difference and cut a check, he can just refuse and it's on you to get the money out of him. (I don't have to give you the money!)

By telling him you'll deduct it from Rent, he is now in the position to make you stop the deduction or get that money from you if you do deduct it.

No, it says in the lease that you cannot deduct money from the rent. The utility bill is in his name so I am simply just going to pay the amount I owe. He can either pay me or he can choose to pay the oil company directly. I don't really care at this point. At first the LL was paying the bill directly and then he was charging me. Since I didn't want to cut him a check for $800+ on the spot I decided I would pay the oil company via credit card. That way I had 30 days to make the payment plus I could get points/bonus cash back with each delivery.

 

[EagleKeeper]

What is the significance of the 2 April date?
Payment due by from the fuel company?
Otherwise, allow one week at min. Preferably, double the time frame from when the checked was dated to when you received it and add 2 days. Allows the mail to get to him, be processed and the check returned to you.