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WWYD if the owner you rent from doesn't cash your check?

theo

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Sorry ... you should NOT "stop payment" on the check YOU issued unless the landlord requests that in writing. If you stay in the unit without paying, the police/court would look on your issuing a STOP PAYMENT as evidence of "THEFT of Services" or fraud.... the same as if you game them a bad credit card.

Write a polite email to the LANDLORD and stating that in a prior phone conversation between A & B on Date of... that they acknowledge receiving the check. Then say YOU noticed your check to them has NOT CLEARED you bank account. And ask, do you need us to "stop payment and issue you all a new check?" If your bank charges you a FEE ... you can state you will be deducting the fee from the NEW CHECK ... or just be nice and ignore this additional cost you will be incurring.

But get it in writing. Know the window of time between issuing the STOP PAYMENT and when the check could have been deposited and funds taken from your account (don't want BOTH checks to be redeemed either).

I agree with most of Linda's input directly above, including that it would not be a very good idea to stop payment on a check previously provided for "services rendered" --- and then stopping payment after those services have indeed already been satisfactorily rendered. This would not put OP in a particularly favorable light in a (...yes, I know, highly unlikely...) legal proceeding.

The only alternative suggestion I would make to Linda's input above would be to send the next (final?) follow-up correspondence by U.S. Mail (i.e., not by email; perhaps even using certified mail, just to create hard copy documentation of OP's communication efforts, good faith intentions --- and the legal presumption of delivery and receipt of that correspondence at the other end). Personally, I don't much like the email message avenue for money discussion at this stage in this particular instance.
If the next email goes completely unanswered, OP would really have no persuasive evidence of these last good faith efforts. When email is involved, stories (whether true or not) can range from broken recipient computer, message lost in recipient spam folder, cyber gremlins ate the email, etc.). Keep the high ground; mail a letter.
 
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Patri

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Much ado about nothing. Let the money sit in your bank account. Don't return it on your paper ledger. In your mind it is already spent. Make your next reservation and pay for it. If the owner asks for payment of the 2015 week, give it to her. If she never mentions it again, what a bonus. You have done enough.
 

DeniseM

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I would not just ignore it - you want to be clear on the consequences:

-Confirm with the bank that it hasn't been deposited.

-Find out how long the check can be deposited.

-Find out if you will be charged if they try to deposit it after that date.
 

WinniWoman

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Upon re-reading your posts, it seems like she doesn't care about the money at all, so I would TELL her you are going to stop payment on the check just so it doesn't mess you up since you know for sure it didn't clear.

Take your clue from there- with whatever her response is. If she agrees- then do it and no worries- like she said.
 

nightnurse613

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And I would "get over it". You indicated at one point she remarked, "I wasn't using that week anyway". Maybe she is a kind, good-natured (and wealthy) person who just wanted to make sure she had your money if there were damages. I would keep your emails for a couple of years otherwise, her accountant might eventually figure out this problem and suggest you committed "theft". After so many months, most banks will not cash a check - if she uses this approach - you will have earned an extra 20 cents interest!
 

DebBrown

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In both cases, you'll have taken the high road, and can be of clear conscience. (It must be a nice house you're renting, if you want to go back after all this. ;)
Dave

"Nice" is probably not the word. It is a cottage in Michigan about 1/2 mile from Lake Michigan beaches. It's on 50 acres of forested land criss-crossed with walking trails. It is the only place I've found that is perfect for getting away with my 3 dogs. It is doggie heaven! There is even a 3 acre fenced in pen for anyone not comfortable letting their dogs run. The rent is cheaper than boarding them for a week.

I appreciate everyone's thoughts. I might let it go for awhile since the owner is not worried about it. Maybe she'll eventually find the check. I'll probably address it again when we ask to use the property this year.

Deb
 

WinniWoman

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"Nice" is probably not the word. It is a cottage in Michigan about 1/2 mile from Lake Michigan beaches. It's on 50 acres of forested land criss-crossed with walking trails. It is the only place I've found that is perfect for getting away with my 3 dogs. It is doggie heaven! There is even a 3 acre fenced in pen for anyone not comfortable letting their dogs run. The rent is cheaper than boarding them for a week.

I appreciate everyone's thoughts. I might let it go for awhile since the owner is not worried about it. Maybe she'll eventually find the check. I'll probably address it again when we ask to use the property this year.

Deb

Good idea!
 

sgtdesi

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I think you are taking the right track. It sounds like if she found the check she would either contact you and say she was going to deposit it, or just chalk it up to a loss as she already told you no big deal. Doesn't sound like she is going to turn around and access you of theft at any point in the future. Even if she did, there is no crime as you did not defraud, you provided payment, she just didn't cash it.
 

Big Matt

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I don't understand why it matters if she ever cashes the check. You keep it in your ledger as a payment and so what if you are over in the account. After a while the check is not good any more. Make sure the bank agrees and then if you want to let the person know then write another one if they ask for it. Otherwise just move along. If you conscience still bothers you just rent it again next year and pay her for both years then. If she still doesn't cash it, then ask if you can rent it all year and then sublet it (last sentence was a joke).
 
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