Rent Lost In The Mail??
Ok - we all know this excuse all too well... HOWEVER, this is a little different... Does anybody know what to do or any ideas on what to do here??
Tenants rent is due on the first of each month. Past has show that they pay on time, most of the time... Anyway - no rent this month yet. I called them about it a couple days ago and they said "its in the mail"... She told me that she sent a cashier's check in the mail and she has the receipt for it. I haven't gotten it yet. The bank won't do anything about it (such as stop payment) until 10 days after its been issued (May 6)...
What do I do? I usually will file for eviction on the 5th of each month when a tenant doesn't pay...
Any ideas??
[addsig]
Tough call..... I would start the eviction by establishing the start date now (In ca that means serve with a 3 day pay rent or quit) and explain that this is just business.....and have them fax you a copy of the receipt to prove (might want to do this first and then make a decision based upon past practice to do eviction) that they actually attempted to get you the rent.....If you do establish the start date doesnt mean you have to follow through with it...... just means you dont have to start up if/when you do not get rent...
B [ Edited by BMan on Date 05/05/2004 ]
I absolutely agree. The exact same thing happened to me last month. Definitely get the tenant to fax you a copy of the reciept and start the eviction process. I would also fire off a certified letter in the mail to the tenant recapping the situation and explaining why you are starting the eviction process. That way you are covered if you have to take them to court and their story changes...Good luck.
I have seen a really good lease that stated that all rents should be mailed with tracking (what is the word???) and that the extra cost of the tracking could be deducted from the rent. The lease even gave the address of a 24 hour post office.
I did not put it in my lease, but it was very interesting. Especially for your tenants who do use cashiers checks or money orders and are not organized enough to keep the receipts.
Brenda
Given the tenants history of timely payment I wouldn't get my shorts in a knot before monday or tuesday of next week.
Rent is due on the first. You start evictions on the 5th??
In NC, that is against the law. We have to do it 10 days after.
Eviction and a new rent-up is a costly proposition. Tenant/Landlord relations is worth money.
Every once in a while, you have to give them a little slack. Send them a letter stating that you will wait a few days more if they furnish you with the receipt. After that, company policy requires that the ejectment action be initiated.
I had a bill lost in the mail. I went to the post office to put a trace on it. No word yet, so I guess I'm going to have to cancel the check.
I would definitely follow through with my normal procedures, and just explain to them that this is the way it has to be done, but in the meantime, they need to provide receipts. It's really their responsibility to follow up on the missing rent. They may have to fork up some more money to get it paid, and then try on their own to find the other.
Have you thought about asking your tenants if they would consider direct deposit into a business account? Give them a $25/mo discount on the rent. It's well worth the reduction in headaches w/ the "lost in the mail" routine. You'll know immediately if funds are there. [ Edited by wstone1 on Date 05/07/2004 ]
I give my 3 day Notice to pay unpaid rent on the 5th too, which is legal in Iowa. A week and a half later and their out.
Good Luck!
Jeff
Quote:
She told me that she sent a cashier's check in the mail and she has the receipt for it. I haven't gotten it yet. The bank won't do anything about it (such as stop payment) until 10 days after its been issued (May 6)...
A cashier's check means funds are guaranteed doesn't it? I had one lost in the mail one time. Went to my bank and they stopped payment immediately and credited my account pending a next day delay just so it would show up on their system as I arrived at the bank after 1pm, the cut off for business that day. I was able to issue another the next day. A copy of the certified check shows the funds were "paid" for that check. If you had a copy of that, your bank could check on it immediately with the routing numbers to verify that it had indeed been issued, etc.
Disclaimer: bank proceedures probably vary...
Terry
Hey,
You can always tell who is a landlord and who is just dreaming....
If the tenant is a good tenant, then cut them some slack. If they have a bad history, then go by the book.
A "cashier's check" can be issued from non-banks (such as a 7-11), so their rules all vary. Most likely they require 5 days or so to stop payment.
The uSPS in our area sucks - routing everything through San Bernardino. Some rent checks took 7 days and the manager's high value checks take normall 8 days for 25 miles from 29 Palms to Yucca Valley where the bank is getting them.
A few years ago, I rented out my house on a 1-year lease and went to live in another state. I gave the tenants 12 priority mail envelopes that were stamped ($3.85) and pre-addressed. These can be dropped in a regular mailbox but get there in ~3 days. That worked out well and I think was worth the $46 that I spent.
I agree with Sammyvegas
"Every once in a while, you have to give them a little slack. Send them a letter stating that you will wait a few days more if they furnish you with the receipt. After that, company policy requires that the ejectment action be initiated."
Have them fax you a copy of the receipt then have them do a stop payment when the bank allows and get you a new check. Revise your policy going forward...direct deposit with a discount? You can cut slack if this is a one time occurence but they should know you are not going to do this again the next time if there is one.
OK, most banks charge for a cashier's check. So can the tenant corroborate having bought one? I had to wait 2 weeks for mail :-((( so it just might be true... But in future, let them know to improve their act, or else...
These replies are great. I love to see who has had to deal with what and how they came up with a solution. All good answers. I believe in going with a case by case basis. If they always pay give a little slack. If they don't pay - they don't stay. Good luck