Charged but not allowed access

[Averagejanedoe]

Jurisdiction

North Carolina

So my husband and I just signed a lease with a company for a house we paid 3400 for the security deposit, 200$ for a "lease fee" , 275 for a prorate to move in on the 27th. Well It is now almost the 29th and the company will not give us the code yet to get into the house because aprils month rent check has not cleared yet. I understand that is their policy but I'm frustrated that they told me they will not refund the pro-rate because that money was already paid to the owner because we agreed that is when we will move in. Is there a law to protect against charging a pro rate and then the tenant isn't actually occupying the premises yet? Thanks!!

 

[adjusterjack]

Why hasn't your check cleared?

You ought to be talking to your bank about that.

 

[Zigner]

Why hasn't your check cleared?

You ought to be talking to your bank about that.

I suspect because they handed over the check on the 27th and then posted on the 28th.

 

[zddoodah]

What is the date on the check?

On what date did you give the check to the landlord?

When you contacted your bank about the check clearing, what did you learn?

 

[mightymoose]

If you push the matter I suspect they will have difficulty withholding the payment when you were not allowed access.
This is not a good way to start off a new tenancy.
Perhaps you can ask them about offsetting the next month's rent with the difference.

 

[Averagejanedoe]

What is the date on the check?

On what date did you give the check to the landlord?

When you contacted your bank about the check clearing, what did you learn?

28th I paid online via he portal as it was an option. My bank shows it has cleared for over 23 hours yet they say it still hasn't on their end

 

[Averagejanedoe]

If you push the matter I suspect they will have difficulty withholding the payment when you were not allowed access.
This is not a good way to start off a new tenancy.
Perhaps you can ask them about offsetting the next month's rent with the difference.

What she told me when I asked her that was that they had already paid hat to the owner.

 

[Averagejanedoe]

I suspect because they handed over the check on the 27th and then posted on the 28th.

Paid on the online portal on the 28th. My bank showed it cleared yesterday. Either way the pro rate fee was paid in money order and she claims it was already given to the owner