What if my landlord isn't cashing my rent checks?

March 8, 2011 11:01 AM

I rent a house in a fairly nice part of town. My landlord has owned this house for more than thirty years - the mortgage has long since been paid off. He lives in the same town, in a multimillion dollar place, in a gated area. He has a lot of money, and I don't know what my rent goes to, but I am guessing it's a drop in the bucket for him. I assume so, because he hasn't cashed my rent checks in many, many months. Do I remind him to?

I only see him once a year, when he comes by to say hi and make sure the place hasn't burned down, I guess. He also is an unusual guy - previous tenants were running several illegal operations out of this house and he never knew, nor was he at all friends with them, but he did offer to pay for family therapy when their marriage fell apart after their kid was busted and went to prison. He's a super sweet, super wealthy, mellow surfer dude.

I like the independence, so I don't call him for repair help and I take awesome care of the place. I do all small repairs (clearing out plumbing, cleaning gutters, etc) myself. I treat the place as if I own it, which he has remarked upon with joy. But, it's been five months and counting, and he still hasn't deposited my rent. In the three years I have been here, he has often not deposited my rent for several weeks, up to one month, after I sent it, but it's been multiple months this time. I keep sending them on time, as if everything is normal on this end. Which it is.

I could call him and ask if he's going to deposit the checks, and prompt him to, but I have serious unemployment debt, which has made things really tough for me financiallly. I am employed again and keeping enough money in the bank to cover those rent checks, every one of them, but him not depositing them is awesome in terms of my feeling safe for right now, as I build up some cushion in my checking account. And if he hadn't gotten them somehow, wouldn't he call? And if he wanted me to move out and that's why he hadn't cashed them, wouldn't he have said something to get the ball rolling? So, my responsibility, as I see it, is to pay and make sure those checks are covered. What he does with them is his business. But what if this goes on for more months - at what point am I a creep for not saying "Hey, you aren't depositing my money"? Already? After six months? One full year? What do you think I should do?

posted by anonymous to Human Relations (36 answers total)

I would call him now, if for no other reason than I'd be concerned something had happened to him, health-wise. Wealthy people usually keep very good track of their money, even if, as you say, your rent is a drop in the bucket of his net worth.
posted by something something at 11:04 AM on March 8, 2011 [5 favorites]

Personally I would probably call my landlord after 2-3 months.
posted by ghharr at 11:06 AM on March 8, 2011 [3 favorites]

I would definitely get in touch with him. He sounds like a nice guy in some ways, but it is very inconsiderate not to cash your checks in a timely manner.

That money matters a lot to you, and if he cashed them all at once you'd be up shit creek if you weren't paying attention so much attention. Don't give him too much credit for being a nice guy here.
posted by vincele at 11:06 AM on March 8, 2011 [5 favorites]

He's going to cash them sometime, you'd probably be better off knowing when that is. Any cushion you see is really an illusion because it could be gone at any time (he finds the checks in his drawer and cashes them without mentioning it to you). Better to know that you're poor than to believe that you aren't and then be wrong. I'd remind him.
posted by doctor_negative at 11:07 AM on March 8, 2011 [11 favorites]

I would talk to him sooner than later; if he isn't getting your rent checks, he could be getting ready to evict you, and without proof of payment, you could be screwed. Your legal liability to pay rent doesn't dissipate because he's got Alzheimer's or has been sick in a hospital for the last few months, or whatever reason your checks aren't getting cashed.
posted by nomisxid at 11:07 AM on March 8, 2011 [3 favorites]

All things being equal, you really do need to find out if he's going to cash them, because you don't want to be in a position where you make a false assumption and a check ends up bouncing because you've spent some of the money or put it towards your debt.

Rather than call and ask if he plans on cashing them (because that invites him to say yes, out of obligation), why don't you call and say something along the lines of "i've noticed that my checks haven't been cashed, and I'm wondering if, given the situation, if from now on I could have a rent reduction and live as they 'superintendent' of the house, since i'm taking care of the all the maintenance"? He sounds like the kind of guy who'd say yes, and then you'd get a reduction in expenses and some clarity about what's happening with your checks.
posted by Kololo at 11:07 AM on March 8, 2011 [3 favorites]

Call him up and let him know, explain your situation, and ask if he could deposit those checks over the next few months, rather than all at once.
posted by Mercaptan at 11:09 AM on March 8, 2011 [2 favorites]

I would definitely keep adequate deposit in the bank to cover those rental checks. But as "something something" said, I'd call and go from there. You will not know what is going on unless you do call. And it is the best way to show your concern. And be sure to keep records of all attempts to call whether or not completed. Personally, I'd think something has happened to him but you will never know without contact.
posted by JayRwv at 11:09 AM on March 8, 2011

I've got to agree with vincele. This isn't about him being nice or not. It's about making sure you don't get screwed over by spending money that's in your account that shouldn't be in your account.

Which doesn't mean you have to be rude about it. Just ask if the checks are going to be cashed and see if he'll do it in a way that won't totally clean you out.
posted by theichibun at 11:09 AM on March 8, 2011 [1 favorite]

Can you open a second checking account to operate out of? Or start paying him from a seperate account in the future after you get this situation resolved? This seems like a massive overdraft situation just waiting to happen if you let up your guard for even a day or two.

Also, if he really doesn't need your rental income, maybe he'd sell you the house on a rent to buy type of arrangement? Might be worth asking.
posted by T.D. Strange at 11:14 AM on March 8, 2011 [3 favorites]

Unless your landlord has said "hey, you can live here rent-free," yes, you should ask about the checks. Maybe someone is stealing his mail, maybe he's got them in a stack and is going to cash them the next time he goes to the bank.

You won't know unless the two of you communicate. Since he hasn't, you should.

Whether he has cash or not, whether he puts the money back into the house, paying for pool parties, or puts it into a fund for his grandkids, is not of your concern.

What is your concern is that you think you paid a bill, but you still have the money, so there's something potentially wrong, and you won't know what until it's straight between the two of you.
posted by zippy at 11:18 AM on March 8, 2011

I would definitely ask him if something was wrong with them/some other gentle reminder method if only so as to be prepared in case he cashes them all at once in the future.
posted by hepta at 11:18 AM on March 8, 2011 [1 favorite]

Just as an aside, my bank won't cash a check that is more than 3 months old. So there might be some standard his bank has that will minimize the shock to your account if he does deposit them. Probably no harm to call him to see that everything is ok; if he is that friendly, perhaps you could explain to him that it would be convenient if he deposits them gently.
posted by a womble is an active kind of sloth at 11:32 AM on March 8, 2011

Also, this sounds like one of those dream "rent to own" scenarios, if you are so inclined!
posted by thinkpiece at 11:34 AM on March 8, 2011

This happened to someone I know and it turned out the landlady had dementia. Her daughter finally got power of attorney, warned all the tenants that 11 months of checks were about to be cashed, and then cashed them. They all went through, so far as I know- even the ones older than 6 months, which I thought banks wouldn't honor. This was about 4 years ago.
posted by small_ruminant at 11:36 AM on March 8, 2011 [1 favorite]

You really should call your bank and see what their policy is, because the law says that they are legally allowed to let the check bounce if it's older than 6 months. If your landlord does try to eventually cash them and they bounce it could really put a strain on things, depending on how he decides to handle it. In any case, you should be prepared with information either way.
posted by Rhomboid at 11:37 AM on March 8, 2011

Write him and ask him if he'd consider a rent-to-own deal. Tell him how much you love the house and list all the maintenance you've done.
posted by mareli at 11:39 AM on March 8, 2011 [1 favorite]

Wealthy people usually keep very good track of their money

This isn't always true, though one would hope that it is.

That said, I would agree with those who suggest that you contact your landlord. For all you know your landlord passed away and his estate is being settled. You don't want to have to suddenly vacate the house because the estate sold it.
posted by dfriedman at 11:44 AM on March 8, 2011 [1 favorite]

In the future, pay him by money order. The $ comes out of your account right away and you don't have to think about it ever again.

We do this with any bills we can't pay online. Checks just don't fit our finances anymore.
posted by vitabellosi at 11:53 AM on March 8, 2011 [4 favorites]

I'd definitely call; I'm much more concerned about being able to prove you aren't in breach of your lease than your ability to keep enough money in your accounts.
posted by SMPA at 12:01 PM on March 8, 2011 [1 favorite]

i second the practice of paying with money orders.
posted by elle.jeezy at 12:03 PM on March 8, 2011

Banks can and will honor old cheques at their discretion. Call up your landlord.

I pay my rent via Checkfree. This way there is a record of payment by a reputable 3rd party. I suggest you look into something like this. When a former landlord said I had not paid rent or not paid on time, Checkfree would call him up on my behalf.
posted by fifilaru at 12:12 PM on March 8, 2011

It sounds like you're wishing that you could keep the money just because he hasn't cashed the checks yet. Wish all you want, but it's not going to happen.

If he had lost the checks, would you refuse to write him a new one just because you think he's too rich to need your money? It's money that you said you would pay that you have - through no fault of your own, just the way the money transfer system goes - not yet paid. You owe him, and though you can argue back and forth about whose responsibility it is to make it happen, it is 100% your responsibility to pay him. So you might as well get it over with.

Ask if he's lost them. Ask what you can do to help. If you want, ask if he can hold off on cashing this month's so you can solidify your account cushion (congrats on the recent re-employment!). Just ask him something, show some initiative, and get the backlog moving.
posted by aimedwander at 12:14 PM on March 8, 2011 [1 favorite]

and if you can, let us know how it all turns out.
posted by Sassyfras at 12:21 PM on March 8, 2011

I'm a landlord, and at times when we've had enough financial cushion, I've gone that long without cashing rent checks. Check are a PITA because you have to either go to a branch or mail them in. (Not that I'm faulting you for that of course, just saying from my perspective, sometimes they've just piled up, when we didn't actually need the cash immediately.)

I admit this is neither financially responsible on my part nor considerate of the tenants. Could be, though, if your LL is the "surfer-dude" type you describe, he's similarly lax about these things.

All that said, for your own peace of mind, definitely give him a call! To keep this from happening in the future, maybe you could set up a paypal arrangement with him or instant transfer? Or money orders would work, but that might be a PITA on your end.
posted by torticat at 12:44 PM on March 8, 2011

I am a landlord - and it is completely irresponsible for a landlord to not cash checks. Landlording is a business - and it should be done in a professional manner.

Checks go stale after 6 months in many banks. Is he going to expect you to come up with money for the checks he failed to cash, and now are no good.

I would be very annoyed about this - and I would tell him so.
posted by Flood at 12:49 PM on March 8, 2011

Agree with most of the comments.

After a month, I probably would have called and said something like, "I just wanted to make sure you are receiving my rent checks... I noticed they haven't been cashed." and see where it goes from there.

Also, someone else brought up an excellent point - usually landlords will give discounts on rent if you do part of their job (in most cases: mowing the lawn, repairs, painting, landscaping, etc). If you don't feel uncomfortable, you should inquire about that.
posted by KogeLiz at 12:51 PM on March 8, 2011

If you want to do it in a polite way, then "hey, just wanted to make sure that you're okay" is how you start your call. But you should definitely call him. The cushion is illusory, and the uncertainty isn't helpful.
posted by holgate at 12:53 PM on March 8, 2011 [2 favorites]

Another alternative is: you can ask for his account and routing number, then direct deposit your rent to his account. Agreed with all other comments above regarding this is a difficult situation for you. Re-negotiate the rent if you think he is receptive.
posted by curiousZ at 12:58 PM on March 8, 2011

Yeah, I wouldn't count on the date of the checks preventing them from getting cashed. It's up to the bank tellers to notice the dates on checks. From my experience as a bank teller . . . uh, yeah. We frequently forgot to do this. And yes, if one went through and the customer got mad, they'd fix it and we'd get in trouble. But the point is it can happen, whether it should or not, so don't "count" on your stale checks getting rejected, since they may not catch it.
posted by GastrocNemesis at 1:13 PM on March 8, 2011

So, what's the problem from your end?

Yes, you need to keep the money in the account, giving you a tiny amount of interest (probably). It is his problem, not yours. I'd never say a word, were it me, nor would I feel the slightest moral quandary. It is is *his* responsibility to bother cashing the checks. If he doesn't, how is that your problem?

Personally, I'd not remind him, nor worry about it other than keeping a slush fund in the account. Win/Win as far as I'm concerned.
posted by Invoke at 1:58 PM on March 8, 2011

I used to be a Landlord and I was not wealthy, but I often took 3 - 15 days to deposit checks, mostly for reasons of procrastination. Having paid-off buildings made landlord wealthy, so rent-to-own might not work. But you may have an option for a winning scenario if you are handy or otherwise competent and energetic.

So, "Hey Landlord, you may not know that I was unemployed for a bit. While I was able to write you good checks for the rent, having them uncashed was a pleasant surprise. You're a busy guy, so I'm wondering if we could come to an arrangement. I'll clean gutters and do minor repairs at your other buildings, even bookkeeping, in exchange for a fair reduced rent. I'd be happy to make bank runs for you. "

You describe your Landlord as a generous, mellow person. Landlord may have learned that you were unemployed, and be extending a kindness, in which case you owe Landlord sincere thanks and a batch of cookies. Your honesty and cooperation makes you an awesome tenant, a nice match for your awesome Landlord.
posted by theora55 at 2:21 PM on March 8, 2011 [4 favorites]

Really I'm guessing it's just forgetfulness. I'm not rich, but I'm very forgetful and when I've had a lot of financial stuff going on and wasn't desperate for money I've had checks to deposit for 2-3 months (right up to the 90 day deadline). I imagine that past a certain amount of money even a substantial rent check could get lost in the clutter.

If your landlord is anything like me, he'd appreciate a friendly reminder.
posted by miyabo at 5:27 PM on March 8, 2011

Our landlady has Alzheimer's, so we just mail our rent checks directly to her bank with a note asking them to be deposited into her bank account. When you end up talking to the landlord and learning that he will eventually cash the checks, ask if you can mail them directly to his bank in the future.
posted by aniola at 6:23 PM on March 8, 2011

I would call and ask him about it. You can't use the money until you know he isn't going to cash them.

Frame it as a friendly, "Hey, I am doing some financial planning and noticed that the past couple rent checks haven't been cashed. Would you let me know when you do so I can make sure I don't accidentally commit those funds to something else? I don't want to short you. If you don't want to deal with them yourself, I'd be happy to mail them directly to your bank to make it easier."

See what he says. Who knows, maybe he'll say he doesn't care about the money and you can negotiate the rent down.
posted by thinkingwoman at 8:16 PM on March 8, 2011 [1 favorite]

I'm going to dissent with the conventional wisdom on this one. Keep the money in your account to cover the checks (and don't get tempted to spend it), and don't bother him. He seems like a nice guy and it's his problem if you get to hold onto the cash temporarily and not him. Why antagonize a nice, easygoing person who may want to help you in the future?

Or, ask to rent to own as someone suggested above.
posted by metametababe at 1:58 AM on March 9, 2011