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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35309
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I have a lease. I had .O.A. make rent payment. landlord said

Customer Question

I have a lease. I had B.O.A. make rent payment. landlord said he did not get it.
B.o.a. is doing stop pay and sending a new payment.
landlord says he has to send me a 3 day eviction notice and it could effect my credit.?
Submitted: 12 months ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 12 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. I understand what you have stated as the facts of your situation. What is it that you need assistance with?

Doug

Customer: replied 12 months ago.
How shoul I proceed with this matter.
Expert:  LawTalk replied 12 months ago.

Are you interested in me calling you to discuss this rather complex issue?

When did BofA stop payment on the check?

Are you required to pay this way or can you pay the landlord directly?

Doug

Customer: replied 12 months ago.
Stop pay initiated today. I can pay directly but it is more convenient for me to ave bank send payment. why should he be able to send me an eviction notice when bank indicates payment was sent but not cashed.
Expert:  LawTalk replied 12 months ago.

Good afternoon,

I empathize with your situation, as I use BofA to pay my bills as well---and while I agree it is convenient, it does come with a risk.

When we use a bank as our agent to pay our bills, we are at fault if the bank doesn't do as we direct it to do, or if the payment does not arrive.

Because this is your landlord who has not been paid, and he is sending you a 3 day pay or quit notice, I strongly advise that you pay the landlord directly and today so that you are not evicted. If you pay the rent within the 3 days, your landlord cannot evict you this time. But if there is another problem with payment in the next 12 months, then the landlord can evict you.

I'd suggest that you pay your landlord directly, and preferably in person each month from here on out and not trust the bank or the post office to deliver the check in a timely manner. Because you can't point to the bank or the post office as a defense in an eviction suit.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug

Expert:  LawTalk replied 12 months ago.

Good afternoon,

I would also suggest that you ask BofA not to make another payment because you will need that cash to pay your rent. Also, if there is a late fee, you might consider asking BofA to pay that. They do have a policy in place that allows them to pay late fees if they make an error in not getting the payment to the creditor in a timely manner. The one issue that they have no control over though is the mail.

Do you have any other questions that I can assist you with? If not, please do highly rate my service to you so that I can be compensated for assisting you. Thanks in advance,

Doug

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