Landlord hasn't cashed rent checks

[kaybonita]

We live in a mobile home park and our landlord has not cashed any of the residents' space rent checks since Sept. of 2009. We can't get any answers from our onsite manager and
our bank tells us that they only honor checks that are no older than 6 months. What we need to know is when he decides to put our checks in the bank and they start refusing a lot of them (we have not spent the rent money...it is still in our account piling up) can our landlord then insist that we pay for the back rent or is he just out the money? In other words, can he take any legal action against any of us if we refuse to pay for those checks which are not honored by our bank? Or can we go ahead and use some of that money?
We are thinking that the landlord is in some IRS trouble (he is a multimillionnaire with several MH parks) and needs to show a loss on his property.

I appreciate any light you can shed on this very perplexing problem!

:dunno:

 

[army judge]

We live in a mobile home park and our landlord has not cashed any of the residents' space rent checks since Sept. of 2009. We can't get any answers from our onsite manager and
our bank tells us that they only honor checks that are no older than 6 months. What we need to know is when he decides to put our checks in the bank and they start refusing a lot of them (we have not spent the rent money...it is still in our account piling up) can our landlord then insist that we pay for the back rent or is he just out the money? In other words, can he take any legal action against any of us if we refuse to pay for those checks which are not honored by our bank? Or can we go ahead and use some of that money?
We are thinking that the landlord is in some IRS trouble (he is a multimillionnaire with several MH parks) and needs to show a loss on his property.

I appreciate any light you can shed on this very perplexing problem!

:dunno:

What YOU should do is HOLD onto the money.
Maybe you could withdraw it and put it into a savings account?
Or, you might want to calculate the value of the rent checks he hasn't cashed.
Get a money order or cashier's check from your bank.
Make the financial instrument out in your landlord's name.
Place stop payments on ALL rent checks that have NOT been negotiated.
Write a letter to the landlord informing him that your rent checks have not been cashed by him.
Advise him that you want to stay current with your rent.
Therefore, you've placed a stop payment on ALL of outstanding prior rent checks.
But, you've enclosed a cashier's check in your landlord's name along with the letter.
That makes you current on your rent.
Mail the letter using Federal Express or the certified (return receipt requested) mail via the USPS, either way you'll have PROOF of DELIVERY for your records.
You may have to do this each and every month going forward, if you want to make sure he doesn't come back at you with an eviction action.

You might also want to speak with a couple of local attorneys about this unusual problem.
They might offer you advice specific to your city, county, and/or state.
Good luck, and whatever you do, don't choose to do nothing. :yes:
But, most of all, don't spend a penny of that money. :no:

 

[mightymoose]

If your landlord tried to cash the checks and they were refused then he wouldn't have much of an argument to make against you. It is his own fault for not cashing the check in a timely manner. You do still owe the money though, so just let it keep piling up... and so long as you have it do what you can to build up interest with it.
Whenever the landlord comes back asking for the money you would just have to issue a new check. It's not as if you haven't given they payment so don't be worried.... just don't spend the money that you owe.

 

[kaybonita]

Thank you. That's what I figured I should do.

 

[kaybonita]

Thank you. I won't spend the money, but it is complicated by the fact that during my husband's unemployment period of 7 months, our church wrote 3 checks for us, so probably they are wondering why their checks have not been cashed. So hopefully
our landlord will not come back at us for those church checks as well and demand that we pay for those too...I don't want to have to ask our church to write them again...

 

[army judge]

Why not inform the church as to what has occurred?

I'm sure they'll understand your plight and acknowledge that it isn't your fault.

Besides, I'm sure they've noticed the checks haven't been cashed. But, ask them. He might just have cashed those checks.

Thank you. I won't spend the money, but it is complicated by the fact that during my husband's unemployment period of 7 months, our church wrote 3 checks for us, so probably they are wondering why their checks have not been cashed. So hopefully
our landlord will not come back at us for those church checks as well and demand that we pay for those too...I don't want to have to ask our church to write them again...