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Landlord seems to have cash flow problems...


               
2011 Jun 29, 2:05am   4,932 views  21 comments

by wuaname   follow (0)  

Earlier 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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1   eastbaydude   2011 Jun 29, 2:47am  

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.

2   StoutFiles   2011 Jun 29, 2:54am  

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?

3   FortWayne   2011 Jun 29, 2:57am  

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.

4   wuaname   2011 Jun 29, 2:57am  

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..

5   corntrollio   2011 Jun 29, 5:14am  

EMan says

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.

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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