Your Opinions are Requested,...Landlord/Tenant Type Stuff

warwick.hoy · #1 10-18-2010, 02:59 PM

So our building management has switched from a owner paying a manager type agreement to the owner actually managing the building. This is not a welcome change because with the previous manager the building had been better taken care of than any previous arrangement. This according to my wife who has lived in the building for going on ten years and five for myself. The owner turned owner/manager (he's left it in his folks hands while he pursues other things),...well I'm not too sure he/they can handle it.

We were notified about the change by the previous manager; very professionally, in a typed letterhead notice received in the mail. We were then notified by the owners via a hastily type notice taped to everyone's door as to where to send our rent; a PO Box in an adjacent city.

So we sent our rent out on Oct. 5th to the PO box listed and sat around for two weeks wondering if the property owners were ever going to cash our check. Just before the weekend we got a phone call from the previous building manager (who the owner paid to make these phone calls) stating that the owners had not received our rent along with a majority of the other tenants who have no record of being late. The culprit? The address given to us on the note taped to the door was the wrong.

So now we have a $500 check floating around unaccounted for and while I'm not sure how urgently they are wanting us to cut them a new check for rent,....I'm not really in any hurry to do so. I'm just not comfortable sending out another $500 check when I don't know what's going on with the first one we sent out. I'm assuming it will come back return to sender but it could find it's way to the wrong PO box and into some unscrupulous hands, it could find it's way to the right PO box then we've paid for October twice,...I just don't know these people enough to trust them to do the right thing. If they make a mistake and deposit both checks, we don't have the $1000 to cover the snafu nor do I want to have to pay return check fees and all the other hassles and fees that banks like to charge for a barely lifting a finger.

To get our credit union to put a stop payment on the unaccounted for check is $20 which; not to be petty, I don't think we should have to pay. I'm all too happy to go through with the stop payment and knock $20 bucks of the new rent check we send out. I'm not really concerned whether or not that goes against the lease, or the agreed upon rent. I realize that it could probably be challenged on the merit of the lease but as far as I'm concerned we paid rent for October and it's not our fault the landlords can't keep their addresses straight. To me; paying $480 as opposed to $500,...enclosing the receipt for the stop payment and a note explaining why rent is not being paid in full seems fair. Opinions?

A stop payment doesn't really change the fact that there is a signed document with our bank account,...routing number and other sensitive information on floating around. I don't know the ins and outs; but this is the sort of thing that leads to identity theft and that has me a little concerned.

Strat-Mangler · #2 10-18-2010, 03:12 PM

A suggestion you could bring up would be to have the maintenance room fitted with a slot box in which tenants could deposit their checks.

The owner could come over once a month (and since he'll be maintaining the building himself, that shouldn't be a problem) to collect the rent that way.

That way, no trips to the post office and no concerns about checks floating everywhere with your info.

warwick.hoy · #3 10-18-2010, 03:19 PM

I can bring that up,...and there is a drop box and to my knowledge only one tenant uses it. I think the previous manager was trying to phase it out.

I should mention that it was a realty company that was managing the building off site,...but they did a good job. They had a professional maintenance company keep up on the building. My guess is that was costing too much so the owner and his parents are trying to take it on,...and I think they've bitten off more than they can chew.

With regards to the check,...my biggest gripe is they made a mistake and now we are paying the price for it.

I really am glad we didn't send a money order.

Bob Lee (QSC) · #4 10-18-2010, 04:07 PM

Good luck. Sometimes an owner who takes over managing doesn't know what they're in for.

XigXag · #5 10-18-2010, 04:41 PM

I think I'd be looking for a new place. For a whole host of reasons, this sounds like it will end badly.
And as such, I'd make him wait for his check. He gave you a wrong address after all, and since Id have one foot out the door, I'd be unconcerned w making him angry.

Ben B · #6 10-18-2010, 04:55 PM

Definitely put a stop payment on the check ASAP. Even if it's returned to sender in a few days, I think $20 is a small price to pay for knowing you won't be out $500 if the check falls into the wrong hands.

As for sending the landlord $480 rather than $500, I'm not sure it's a good idea. I think you should contact them first to discuss it. In principle, I think they should be responsible for the stop payment since it was their mistake. But I'm not sure it's worth getting into a bad situation with your landlord (and possibly needing to move) for $20.

My 2 cents.

Ben

dangnewt · #7 10-18-2010, 08:08 PM

I would do what Ben B just laid out - great advice.

The owner should refund the $20; and if he doesn't, then at least you have the knowledge that he is not only a poor manager but a tool as well.

MIJ-VI · #8 10-19-2010, 03:33 AM

Please remember that this landlord is only a fallible human and consider cutting him a little slack on the 20 bucks it'll cost to cancel the rent cheque--this time, but diplomatically point out that it's in everyone's interest to handle money in a professional manner.

I've found that displaying conciliation towards the foibles of strangers with whom I'm likely to have a long term relationship with establishes me as being a fair-minded person in their eyes, which in turn inspires a similar attitude on their part.

No one is perfect.

Febs · #9 10-19-2010, 05:28 AM

What does your lease say about where to send rent payments? What does your lease say about provision of notice to the tenant? I would probably follow the provisions of the lease as to where to send the rent until given proper notice under the lease by the party designated in the lease as the landlord to send it elsewhere. I would also send it certified mail, return receipt requested, and include a cover letter explaining that I was continuing to follow the requirements of the lease until instructed otherwise pursuant to the terms of the lease.

Strat-Mangler · #10 10-19-2010, 06:45 AM

Quote:

Originally Posted by MIJ-VI

Please remember that this landlord is only a fallible human and consider cutting him a little slack on the 20 bucks it'll cost to cancel the rent cheque--this time, but diplomatically point out that it's in everyone's interest to handle money in a professional manner.

Sorry, but this whole managing, from the OP's description, sounds anything but professional.

1. They let go a perfectly well functioning system of having other people manage the actual building. People who were quick and on top of things.

2. Now, the tenants have to send checks. On principle alone, I'd be royally pissed about the hassle & money spent sending the checks... every month.

3. They purposefully let these other people go to save $. Now, the tenants end up footing the bill for their mistake. Not right, IMHO.

Sounds to me like these folks are trying to wing it and are in way over their heads. Let's hope I'm wrong, but if the OP's description is anything to go by, I wouldn't be signing a lease to live there anytime soon.

Waterpilot · #11 10-19-2010, 07:34 AM

I honestly have no idea why you haven't put a stop payment on that already. If you really are worried about some of the things you mentioned, it only makes sense. When you go into the bank/ credit union, tell them what happened, that you are concerned about not knowing where the check (and it's information) traveled to, and that you're concerned about identity theft. Putting them on notice.

Though not entirely your fault, and I say entirely because it sounds as of some got through on time for some reason, your rent is still technically late so I'd just get it paid up. If there is something in your lease that deals with these situations copy it and put it in with the rent check. If not, write a note to express your concerns about losing $20 for doing what you were told to do, and ask what could be done to make you whole.

Cosmo420 · #12 10-19-2010, 08:13 AM

Wish my rent was only $500...

But, I agree on what everyone else said. The owner should pay the stop check fee, or allow you to only pay $480 for the month.

UncleFluffy · #13 10-19-2010, 08:21 AM

Stopping the cheque is more important than who pays the stop fee, IMO. Don't wait until you've argued it out with the landlord - get on the phone to the bank asap.

As for the rest - I'd give the guy a bit of time to learn what needs to be done, which might require a bit of polite nudging on your part, before deciding whether to move or not. Moving is a huge PITA and you'd be rolling the landlord dice again anyway.

warwick.hoy · #14 10-19-2010, 02:30 PM

Thanks for the advice everyone. To follow up the former manager mediated a deal between us (as for other tenants I can't comment) and the owners and they agreed to cover the $20 for the stop payment which is being taken care of today. They admitted that it was their mistake and from what I can tell are willing to be "fair minded" as well.

I feel like this is the best way to take of this; talking to the owners "one on one" makes it a two way instead of me trying to be in control. Cooler heads prevailed and this way the owners won't be blindsided when they get a check for less than the amount. FWIW Looks like they are trying to arrange an on site manager (someone that already lives here). We'll see how that pans out.

I agree that mistakes are made,...but a come on,...there are fifteen units in this building and assuming that everyone pays the same amount (which they don't since there are studios, 1 and 2 bedrooms) you can assume that the owners stand to receive $7500 a month from this building. With that much on the line plus the need to pay the mortgage/loan on the building you need to make damn sure that all your ducks are in a row. A simple proofread and a cross reference is such a mundane and easy task I don't think it's too much to ask (Hell I proofread most of my TB posts before I submit them, or risk having the grammar Nazi's come down on me). It's called professionalism.

As far as moving,...I hate moving and if I do so it's to move into a house that I'll eventually own and right now I have neither the finances nor the credit to do that. As long as I've lived here I've had to put up with worse, so I'm hoping this is a bump in the road and I'm willing to wait and see what happens. We still have time on our lease plus we have an outdoor cat that has lived in and around the building his whole life. We are pretty much waiting for him to kick the bucket rather than abandon him here and make him somebody else's problem.