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Landlord claims she didn't receive rent from feburary, it is now the end of my lease in June!?

  
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Landlord claims she didn't receive rent from feburary, it is now the end of my lease in June!?

Postby ludano17 » Thu Jun 28, 2012 5:20 pm

My landlord called me today claiming that the automatic payment that was sent to her in late January for february's rent was not received. she says it went through then was returned for insufficient funds. This seems impossible to me but regardless, is there some sort of Landlord/tenant law that says anything about the Landlord having to be notify within a certain amount off days? Or even possibly something about the landlord having the responsibility to be on the game with the money collection? If it makes a difference my state is South Carolina. Any help would be appreciated. Thanks!
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Landlord claims she didn't receive rent from feburary, it is now the end of my lease in June!?

Postby ring » Thu Jun 28, 2012 5:28 pm

If it was returned for insufficient fund your bank charged you for it. Check your statements for jan/feb or call your bank and ask. Most civil statutes are about 1 year for the incident, so she can still try to get her money if you do owe her. :)
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Landlord claims she didn't receive rent from feburary, it is now the end of my lease in June!?

Postby oakley » Thu Jun 28, 2012 5:30 pm

You should easily be able to tell from your bank statement if it went thru. You have to pay any debt that you owe, even if it is several months back.
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Landlord claims she didn't receive rent from feburary, it is now the end of my lease in June!?

Postby wynn » Thu Jun 28, 2012 5:33 pm

it is very simple...if you made an automatic payment from your bank account there will be a record of it...it will show if it was refunded or not...you will be able to prove it was paid or see that it was not simply by checking with your bank. did you not think of this?
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Landlord claims she didn't receive rent from feburary, it is now the end of my lease in June!?

Postby adin55 » Thu Jun 28, 2012 5:35 pm

call your bank and find out what went wrong (on the date of the automatic payment). If there was an nsf then perhaps it just noted that way for a second and maybe that was a mistake but maybe that still went thru as a payment. Get the bank to prove that that payment was made then take that copy to your landlord.

Usually if landlords don't get their money promptly they charge a late fee. A late fee would have alerted you to owing for that month but seems no late payment occurred nor notice thereof.

For now just concern yourself with getting this corrected with the bank and knowing where you stand on your account. Also check on any ID theft or money going into the wrong account that the bank might have done. Talk with the branch manager, in person if you can, and bring any information at the time that will tell the date things went wrong, a letter from the landlord if you have one, etc.
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Landlord claims she didn't receive rent from feburary, it is now the end of my lease in June!?

Postby mace » Thu Jun 28, 2012 5:37 pm

call your bank and find out what went wrong (on the date of the automatic payment). If there was an nsf then perhaps it just noted that way for a second and maybe that was a mistake but maybe that still went thru as a payment. Get the bank to prove that that payment was made then take that copy to your landlord.

Usually if landlords don't get their money promptly they charge a late fee. A late fee would have alerted you to owing for that month but seems no late payment occurred nor notice thereof.

For now just concern yourself with getting this corrected with the bank and knowing where you stand on your account. Also check on any ID theft or money going into the wrong account that the bank might have done. Talk with the branch manager, in person if you can, and bring any information at the time that will tell the date things went wrong, a letter from the landlord if you have one, etc.
Your bank refused to pay her. She was decent about it, not asking you to come up with the money until now. I dont know what you are complaining about. State law gives a person several years to collect a debt. Your landlord may not have noticed the lack of rent payment, or her bank may not have notified her sooner. It doesnt matter. You owe the money.
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