Legal Question in Landlord & Tenant Law in New York

Re: Landlord doesn't deposit rent checks

I agree, it is ridiculous. A check can become "stale" after 6 mos. You would have to replace them. A couple of suggestions...pay cash and get a receipt. Offer to deposit check directly into landlord's bank account. Pay by postal money order so you have a copy of the check and proof that you paid AND send the rent out certified mail each mo. so that you have proof of paying on time. You need to protect your interests.

Re: Landlord doesn't deposit rent checks

Talk about an unusual problem, usually its the landlord that complains about not being paid! You need to CYA, your landlord is entitled to be paid for rent to the property whether he accepts payment or not. What you might want to consider doing is to open a new separate checking account, move the funds to cover your rent into that account and write checks for your rent to the landlord only from that account. Make copies of the checks to prove that you sent them and you may want to consider sending the checks with the proof of mailing. Until the statute of limitations expires, you could be liable to pay rent to the landlord for amounts he has failed to deposit.

I have some other ideas as well as to how to handle your problem if you want to call me about this situation.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Landlord doesn't deposit rent checks

As an outsider, this is a funny situation. However, I can see how it is serious and causing problems for you.

There are a number of ways to handle this problem. The banking laws help you. I can explain this in more detail to you. The statute of limitations means that the Landlord has no right to collect rents after a period of time. If you cause him to 'lose' a months rent, he may be 'motivated' to make sure he behaves in a more 'businesslike manner'. You can, if you choose, still pay him the month he 'loses'.

Letting the consequences for behavior be felt will cause the behavior to change. If you are merely interested in protecting yourself, that can easily be accomplished.

Has the landlord been paying the taxes and other mandatory fees on the land? It would be a disaster if he has not and another person bought the land at a tax auction. You can easily protect yourself from this event. You are welcome to a consultation with me for no fee at my offices at 42 west 44th Street, NY,NY. Please call for an appointment first. 646-591-5786