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Tenant paying rent using someone else's check - should I accept it?
8:42 AM 05/23/2012
Park Slope, NY
I have a stabilized low-rent tenant who is sending me a rent check written by this friend of his from the friend's checking account. It's the second consecutive time this is happening. The same friend. The tenant is claiming a "bank problem" which prevents him from using his own checking account. This "bank problem" started a few months ago. I told him to pay by money order but he says that this will cause a significant delay in paying now because it will take time to come up with the money. He's already two months behind. He says the next time he will use his own check or be ready wuth a money order.
I recently heard a lawyer say not to accept from someone's account other than the tenant's because the person paying the rent could be establishing tenancy and later claim a right to the apartment. I'm wonedring if it's ok to let it go if it's just once or twice. My tenant has offered to write a letter accomanying his friend's check which states that the check represents a rent payment from him (my tenant).
Any with experience or enough legal knowledge to offer advice?
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Brooklyn, NY
Accept the letter with the rent.
8:54 AM 05/23/2012 | 0 Votes
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Brooklyn, NY
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NY
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Park Slope, NY
exactly what does that mean?
9:12 AM 05/23/2012
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Flatbush, NY
I was curious too... without prejudice Definition -Law phrase: Without abandonment of a claim, privilege, or right, and without implying an admission of liability.(1) When used in a document or letter, without prejudice means that what follows (a) cannot be used as evidence in a court case, (b) cannot be taken as the signatory's last word on the subject matter, and (c) cannot be used as a precedent. Contents of such documents normally cannot be disclosed to the courts but, when a party proposes to settle a dispute out-of-court, it is the genuineness of the effort that determines whether the proposal can disclosed or not, and not whether the words without prejudice were used.Read more: http://www.businessdictionary....
10:29 AM 05/23/2012
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Flatbush, NY
I don't have enough legal knowledge to be sure... others can comment. What if you accepted a check from the "friend" which he endorsed with pay to the order of: your name, and you double endorse it to deposit?
It does sound fishy and having already accepted a previous check might be a basis for the friend to make a claim of tenancy.
10:33 AM 05/23/2012 | 0 Votes
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Clinton Hill, NY
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Park Slope, NY
I would only accept a money order if the "From" or "Purchaser" has the tenant's name printed on it.
12:41 PM 05/23/2012
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Bushwick, NY
sounds fishy. have seen something where a person not on the lease started to pay rent to try and claim residency in the apt. be careful. those rent stabilized guys are almost impossible to get out. if they are already two months behind, why not start the eviction?
1:36 PM 05/23/2012 | 0 Votes
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Park Slope, NY
I had him served with a Rent Demand last night. But I've been through this before with this tenant. Was in court most recently just a few months ago with him. He came up with six months rent within 30 days. Most of it was with a check from this "friend". And he hasn't paid rent since then.It's a long-time pattern. And you're right, it's practically impossible to evict.
1:44 PM 05/23/2012
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Park Slope, NY
lawyer says only a money order with the tenant's name as purchaser
7:33 PM 05/24/2012
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I would only accept the tenant's check, a cashier's check or money order with tenant as purchaser of check/money order. The friend can go with tenant to the post office/Western Union and pay for the order, but still have the tenant's name as purchaser. I would do follow your lawyer's advice to the letter and would be seeking to evict, without harassing the tenant.
10:48 AM 05/25/2012 | 0 Votes
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Brooklyn, NY
You have a stabalized low rent tenant who is two months behind? Praise the gods! File a holdover and evict the bum! You will get a 20% vacancy increase plus 1/40 of the reno you do. Never accept payment from anyone other than the legal tenant, ever. Get going with a good L&T lawyer and improve your rent roll!
10:31 PM 05/27/2012 | 0 Votes
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Park Slope, NY
I've had this tenant to court several times for non-payment. Always somehow comes up with the money. Will this time also. This friend is giving it to him. Then he will stop paying again. That's the pattern. Been going on for many years.
10:34 PM 05/28/2012
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I think you should evict. He's already got cheap rent, he should pay it. Don't accept a check with anyone else's name on it. His friend can give him cash and he can put it in his checking account or buy a money order. People know how to work the system.
10:12 AM 05/29/2012 | 0 Votes
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Los Angeles, CA
You should be very careful with checks. You cant accept it if it was his own check or with out the authorization of the owner. Perhaps, tou can suggest getting an [url= https://personalmoneynetwork.c...Installment Payday Loan[/url]. This is particularly nice for those who have a big payment that needs to be made. If you forgot about rent until the last minute, you can get the installment cash advance and repay it over time. It will even defend your credit rating a lot.
1:04 AM 06/05/2012 | 0 Votes
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