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Updated over 1 year ago on . Most recent reply

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Alan Asriants
#2 Rehabbing & House Flipping Contributor
  • Real Estate Agent
  • Philadelphia, PA
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Rent check was lost. Who is at fault?

Alan Asriants
#2 Rehabbing & House Flipping Contributor
  • Real Estate Agent
  • Philadelphia, PA
Posted

Hey BP Community! I recently ran into a bizarre scenario with a tenant of mine and wanted to get everyones input

A few months ago, my tenant (who pays on time and keeps the place very clean) calls me to tell me that their Zelle (my preferred online method of payment) is not working for whatever reason

I told her it is no an issue and that she can write me a check - I expressed that a certified check is better

She made out the check to my company and sent me a picture. 

A few days go by and I still haven't heard from her about picking up the check. 

Turns out she was under the impression that just by getting the certified check that it was going to hit my account. She didn't know that I have to physically deposit it

I told her to leave it in the mailbox and I would be around at a certain time. I stopped by at a late time and there was no check in the mailbox, decided not to call because it was past 11pm

Next day we decided on another time for me to pick it up

I show up at the time and there is no check. Mailbox is empty

Long story short... It was extremely windy that day and the check literally flew away. I can't make this up

I told my tenants to contact their bank ASAP and file a claim. I also told them that they need to provide us the money for rent for that month as it was already late.

I was reasonable and told them, that this situation sucks and that it is very unfortunate, but unfortunately I do not have rent for this month. I offered a payment plan to make it easier

Their response: "Money is not the issue, we have plenty of money. I'm not paying for 2 months of rent"

My partner called them and they agreed that once their dispute is resolved and they get their funds back they would immediately send us the payment for the missed money. 

Its been over 4 months and we still haven't received rent

What would you do?

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Alan Asriants - New Century Real Estate
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
41,107
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied
Quote from @Alan Asriants:

No offense, but I'm 99% sure you've been suckered.

The Tenant can go to her bank and stop the check so it can't be cashed. She would still have the money in her bank, she could cut you a new check, and all would be well in the world.

You waited four months to ask this question? Have you received rent for the other three months, or has she played this game four months in a row?

  • Nathan Gesner
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The DIY Landlord Book
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