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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33715
Experience:  Attorney for over 15 years, landlord 26 years
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The issue is my daughter pays her rent to her apartment and

Customer Question

my name is***** the issue is my daughter pays her rent to her apartment and it was a cashier check. unfortunately the account was in both our names. after the apartment receive the check the accuse my daughter saying that the check that was given to her did not have sufficient funds for it to clear.
I spoke to the bank navy federal credit union who send me the check to show it was clear.
now the apartment is trying to charge my daughter laate fee for the check which is still in their position.
please tell me how to handle this problem and fix it or who i can talk to for assistance
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Was this an actual cashier's check issued by the bank? Not a personal check, correct?

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Does the bank show that the funds were in the account to cover it on the date the check was issued?

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Have they given daughter any type of written notice about eviction?

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thanks

Barrister

Customer: replied 8 months ago.
The cashier check was issued by the bankThe funds were in the bank I have the statement that shows that
No notice was given just that they will charge her late fees, which is wrong because my daughter took the statement from the bank and a copy of the check to the apartment for the apartment manager to see
Expert:  barristerinky replied 8 months ago.

Ok, then the landlord has absolutely no legal grounds to complain or charge any fees since this was a validly issued check from a bank.

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So she can simply ignore the fees and send them a certified letter with the statement and copy of the check showing it was issued on time to avoid any late fees.

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If they tried to evict her, then she wins.... period..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Expert:  barristerinky replied 8 months ago.

Did you have any further questions that I can help with?

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister