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Posted by Brandon on July 27, 2000 at 18:17:03:

I have a situation where I've been paying my rent regularly each month, but one month received a notice from my landlord stating that they had not received my previous months rent.

I called and figured out that the checks had either been lost in the mail, or lost at the management company. They sounded quite incompetent and admitted that they sometimes lose checks. Regardless, I had already paid the current months rent. I that night sent in checks for the prior months rent, which was lost, as well as the next months rent which was coming due.

Yesterday, I recieved a notice stating that they had not received any rent for the full three months and that I have 3 days to pay + legal expenses. I reviewed my bank statements and discovered that one of the checks had been cashed over a month ago, and the other (two months rent) about a week ago.

I called to demonstrate this, but was immediately forwarded to their lawyer who stated that, yes, they had received these checks, but that I now owed legal fees of $350. They refused to discuss the situation, but instead stated I had the choice of paying the legal fees, or going to court.

This to me sounds crazy. But basically, since they claimed to have never received the initial check and never cashed it, am I liable for these fees? If so, couldn't any landlord claim this at any time?

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• Re: 3-day notice richard 07/27/00 (0)

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: I have a situation where I've been paying my rent regularly each month, but one month received a notice from my landlord stating that they had not received my previous months rent.

: I called and figured out that the checks had either been lost in the mail, or lost at the management company.  They sounded quite incompetent and admitted  that they sometimes lose checks.  Regardless, I had already paid the current months rent.  I that night sent in checks for the prior months rent, which was lost, as well as the next months rent which was coming due.

: Yesterday, I recieved a notice stating that they had not received any rent for the full three months and that I have 3 days to pay + legal expenses.  I reviewed my bank statements and discovered that one of the checks had been cashed over a month ago, and the other (two months rent) about a week ago.

: I called to demonstrate this, but was immediately forwarded to their lawyer who stated that, yes, they had received these checks, but that I now owed legal fees of $350.  They refused to discuss the situation, but instead stated I had the choice of paying the legal fees, or going to court.

: This to me sounds crazy.  But basically, since they claimed to have never received the initial check and never cashed it, am I liable for these fees?  If so, couldn't any landlord claim this at any time?


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