Comments on: Did Your Tenant Write You A Worthless Check? Consider New Restitution Program http://petriestocking.com/blog/2010/02/04/did-your-tenant-write-you-a-worthless-check-consider-new-restitution-program/ Tristan's Landlord - Tenant Law Blog Mon, 06 Feb 2012 19:59:42 +0000 hourly 1 http://wordpress.org/?v=3.1 By: payroll resources http://petriestocking.com/blog/2010/02/04/did-your-tenant-write-you-a-worthless-check-consider-new-restitution-program/comment-page-1/#comment-1538 payroll resources Fri, 04 Nov 2011 12:06:30 +0000 http://petriestocking.com/blog/?p=1191#comment-1538 <strong>payroll resources...</strong> [...]Did Your Tenant Write You A Worthless Check? Consider New Restitution Program | Tristan's Landlord - Tenant Law Blog[...]... payroll resources…

[...]Did Your Tenant Write You A Worthless Check? Consider New Restitution Program | Tristan's Landlord – Tenant Law Blog[...]…

]]> By: Tristan R. Pettit, Esq. http://petriestocking.com/blog/2010/02/04/did-your-tenant-write-you-a-worthless-check-consider-new-restitution-program/comment-page-1/#comment-328 Tristan R. Pettit, Esq. Thu, 11 Mar 2010 20:15:42 +0000 http://petriestocking.com/blog/?p=1191#comment-328 Andy -- I cant give legal advise through this blog. But my leases say that the rent must be received by X -- not sent by X. Thus, the landlord's burden in court is to only show that the rent was not received. The burden would then shift to the tenant to prove otherwise. Having said that, since the burden is on the tenant I personally do not go to the effort of calling the bank etc. If rent was not received when due then the law says I can send the appropriate notice to cure or terminate tenancy and that is what I would do. Andy — I cant give legal advise through this blog. But my leases say that the rent must be received by X — not sent by X. Thus, the landlord’s burden in court is to only show that the rent was not received. The burden would then shift to the tenant to prove otherwise.

Having said that, since the burden is on the tenant I personally do not go to the effort of calling the bank etc. If rent was not received when due then the law says I can send the appropriate notice to cure or terminate tenancy and that is what I would do.

]]> By: Andy Hopkins http://petriestocking.com/blog/2010/02/04/did-your-tenant-write-you-a-worthless-check-consider-new-restitution-program/comment-page-1/#comment-324 Andy Hopkins Thu, 11 Mar 2010 03:57:51 +0000 http://petriestocking.com/blog/?p=1191#comment-324 Question - Tenant claims to have mailed you a Check or Money order as their rent payment. You never get it. Tenant is told that it was not received. Tenant says they sent the check and that they checked with the bank and the check was cashed. Of course you did not cash it (if it was cashed at all). What is the best course of action to proceed here? Do you ask for bank proof? Call the bank yourself? Insist the tenant pay you and solve their own banking issue? Send a 5-day and go forward with an eviction? Please advise. Question – Tenant claims to have mailed you a Check or Money order as their rent payment. You never get it. Tenant is told that it was not received. Tenant says they sent the check and that they checked with the bank and the check was cashed. Of course you did not cash it (if it was cashed at all). What is the best course of action to proceed here? Do you ask for bank proof? Call the bank yourself? Insist the tenant pay you and solve their own banking issue? Send a 5-day and go forward with an eviction? Please advise.

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