AgentRentals

Bank error brings out landlord’s greed, insensitivity

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Question: I own a rental condo and have a tenant who two months ago was very late in payment of the rent and last month the rent check bounced due to a banking error, substantiated by a letter from his bank. My question is what can I charge back to the tenant? I know I can charge for the returned rent check; however, there are other charges and expenses incurred by me. These include the fees I had to pay to my mortgage company for sending them a bad check and overdrafts for other payments that I made expecting timely and funded rent checks from my tenant. Can't I charge those back to the tenant? Tenants' attorney Kellman replies: Your tenant, like any other, may be evicted for nonpayment of the rent. Payment with a check that is not honored by the bank is the same as nonpayment. In your case, the returned check was caused by the bank's error and not because there were insufficient funds to cover the check. Your tenant, however, is responsible to you for the nonpayment situation regar...