If A Tenant's Check Bounces Can I Charge Her Overdraft Fees..(m)
Can I charge her overdraft fees for her bouncing a check and causing insufficent funds in my account when I went to pay other mortgages. Can I charge her those fees that my bank is charging me? She paid me the rent but I got hit with some pretty heavy insufficent funds fees and returned check fees.
What do you guys think?
quinn
Depnding on state laws, I would think that you could. What does it say in the lease that she signed? I would think that it would have stated that you could charge her any and all fees....
Good luck
My lease covers NSF Fees that I can charge. What does your lease say? If you bounces 3 or 4 checks as a result of this one deposit bouncing, you may be out of luck for some of the fees.
Jeff
In Ohio, we can charge them our own fee plus the fee that the bank charges us.
You really should know the laws in Michigan about landlording, please go to:
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-348-of-1972
http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=mcl-Act-454-of-1978
CHAPTER 600 REVISED JUDICATURE ACT OF 1961
600.2952 Failure of maker to pay amount of dishonored check, draft, or order; liability; written demand for payment; delivery and text; effect of payment before trial; jurisdiction of action.
Sec. 2952. (1) In addition to applicable penal sanctions, a person who makes, draws, utters, or delivers a check, draft, or order for payment of money upon a bank or other depository, person, firm, or corporation that refuses to honor the check, draft, or order for lack of funds or credit to pay or because the maker has no account with the drawee is liable for the amount of the dishonored check, draft, or order, plus a processing fee, civil damages, and costs, as provided in this section.
(2) A payee or an agent of a payee may make a written demand for payment of a check, draft, or order of the type specified in subsection (1), which demand may be delivered to the maker by first-class mail. The text of the written demand shall be as follows:
... [ see, USLF form MI-401N ] ...
(3) The maker of a dishonored check, draft, or order for payment of money is liable to the payee as provided in subsection (4) if the maker fails to pay 1 of the following in cash to the payee or a designated agent of the payee after the mailing of a written demand for payment pursuant to subsection (2):
(a) Within 7 days, excluding weekends and holidays, after the date the written demand provided in subsection (2) is mailed, the full amount of the dishonored check, draft, or order, plus a processing fee of $25.00.
(b) Within 30 days after the date of the mailing of the notice provided in subsection (2), the full amount of the dishonored check, draft, or order, plus a processing fee of $35.00.
(4) Except as otherwise provided in subsection (5), a maker who fails to make payment pursuant to subsection (3) and who is found responsible for payment in a civil action is liable to the payee for payment of all of the following:
(a) The full amount of the check, draft, or order.
(b) Civil damages of 2 times the amount of the dishonored check, draft, or order or $100.00, whichever is greater.
(c) Costs of $250.00.
(5) Subsection (4) does not apply if, before the trial of an action brought pursuant to this section, the maker pays to the payee or a designated agent of the payee, in cash, the total of the amounts described in subsection (3)(b), plus reasonable costs, not exceeding $250.00, as agreed to by the parties.
(6) An action under this section may be brought in the small claims division of the district court, if it does not exceed the jurisdiction of the small claims division, or in any other appropriate court. If the amount of the check exceeds the jurisdiction of the small claims division, the action may still be brought in the small claims division, but the amount of damages awarded shall not exceed the jurisdiction of the small claims division.
I originally asked for cashier checks and said they could pay with personnel checks until one bounced. If one bounces the lease says that they will pay $25 NSF fee. Usually if the check bounces that means they will also be late paying there monthly rent so they will also have to pay the $50 late fee. Because of this none of my tenants pay with personnel checks.
Kyle Burke