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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23973
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My mother wrote a check to cover my December and January's

Customer Question

My mother wrote a check for me to cover my December and January's rent. I sent the check in January 11th. The company sat on the check for a month as (I just found out) that they would not cash it because it was from her and not me. I wrote in my check my id #. I was just served papers to appear in court for back
rent. I am currently not on a lease with them (ended Niv. 30, 2015). Spoke with leasing company's lawyer. Said I have to present a cashiers check and pay for court and Sheriff fees as well. I have been on unemployment since July 2015 and have made good on my end. There is more, but I really need advice.
Thank you, ***** *****
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 9 months ago.

Good evening. Do you think they sat on it because they did not know who it was from? I know you wrote your ID number on it, so curious if you did that in the past? Also, the check would have covered everything?

Customer: replied 9 months ago.
No, have not done that in the past, but never contacted me to say they needed a cashiers check. Yes, this would have brought me to date with my rent
Customer: replied 9 months ago.
My mom wrote on check that it was Kathleen Rosbrooks Dec and Jan rent.
Customer: replied 9 months ago.
As far as sending them checks directly from me, I always included my id number
Expert:  RealEstateAnswer replied 9 months ago.

Thank you. The cashiers check which they are demanding now, is to cure the past due rent and other fees. It is to be used to make sure the funds are available since there is pending litigation. The attorney does not want to have to wait for the check to clear and run the risk of dismissing the eviction proceeding and starting over. That is why they want it via certified check. Now, you could have a defense if they received the check from your mother and acted in bad faith and sat on it and wanted to evict you when you made a good faith effort to cure the problem. If your name was on the check and they could identify who it was for, it should have been applied. Unless the lease and agreement said that rent could only be paid by the tenant and with their check or cash, there is nothing wrong or illegal about her sending in the money on your behalf, if the funds were there to cure the problem.

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Customer: replied 9 months ago.
I realize that a cashiers check is needed. However, the company never got back to me to let me know that. I would have gladly done so. In the meantime, more than a month went by and now I have to appear in court and pay these extra fees when all along I was acting in good faith.
Expert:  RealEstateAnswer replied 9 months ago.

Do you mean that they never told you that the past due rent your mother sent has to be with a cashiers check?

Expert:  RealEstateAnswer replied 9 months ago.

Hi, are you still with me?