My apartment complex was acquired by a different company last month. Effective November 1, we had to make rent payable to the new landlord. So I wrote a check to the new company and mailed it to the new address (which is a PO box in California) as directed.
A week later, I got the check back in the mail with a letter threatening eviction. I called the office and they said the check was rejected for two reasons:
-
the bank it is drawn on no longer exists
-
the branch that issued it no longer exists.
Both these things are true, but don't affect the validity of the check. The bank was acquired by another bank during the recession over 10 years ago, but the new bank has continued to accept the checks. And the branch whose address is on the check was shut down about 5-6 years ago, but that doesn't really matter either. I've been using this checkbook to pay my rent for years, and the previous landlord was fine with it. Even October 1 rent went through no problem.
Anyway I have explained this to the office multiple times and they refuse to listen. They keep pushing their new online payment system, which adds a 4.5% surcharge, and making eviction threats. They are now also demanding a 10% "late fee" which will go up to 12% if I don't pay by Friday.
I know I can open a new account, but ordering a new checkbook, waiting for it to arrive, and putting money in will take a couple of weeks.
Does anyone have any advice on how to handle this? I was thinking of simply letting them try to evict me and then telling the judge they rejected my payment. Is that a good idea?
PS They don't take cash or money order either. Only check or online payment through their portal.
I My apartment complex was acquired by a different company last month. Effective November 1, we had to make rent payable to the new landlord. So I wrote a check to the new company and mailed it to the new address (which is a PO box in California) as directed.
A week later, I got the check back in the mail with a letter threatening eviction. I called the office and they said the check was rejected for two reasons:
the bank it is drawn on no longer exists
the branch that issued it no longer exists.
Both these things are true, but don't affect the validity of the check. The bank was acquired by another bank during the recession over 10 years ago, but the new bank has continued to accept the checks. And the branch whose address is on the check was shut down about 5-6 years ago, but that doesn't really matter either. I've been using this checkbook to pay my rent for years, and the previous landlord was fine with it. Even October 1 rent went through no problem.
Anyway I have explained this to the office multiple times and they refuse to listen. They keep pushing their new online payment system, which adds a 4.5% surcharge, and making eviction threats. They are now also demanding a 10% "late fee" which will go up to 12% if I don't pay by Friday.
I know I can open a new account, but ordering a new checkbook, waiting for it to arrive, and putting money in will take a couple of weeks.
Does anyone have any advice on how to handle this? I was thinking of simply letting them try to evict me and then telling the judge they rejected my payment. Is that a good idea?
PS They don't take cash or money order either. Only check or online payment through their portal.
I posted this on legal advice and they suggested I post here.
Submitted November 22, 2020 at 07:33PM by SeaExplanation6362 https://ift.tt/35WAtBc
