Apt management claiming bounced check...

[tnthonore]

I receive this months rent statement and it shows I owe three months back rent for June, July and August. However, last month statement showed I didn't owe anything. Back in June they admitted to an error with their system and I got a letter from the management stating that my balance was at $0. Since then they have received and cashed two rent checks for July and August and won't take responsibility that it is an error on their side. Now they are saying that the check for June is "bouncing" all over the place! This is not possible and does not make any logical sense, as my bank would have informed me long ago and how is they they keep trying to cash a check that has already been cashed. They did not contact me or informed me that I had a bounced check until I called today regarding incorrect rent statement.

It's getting frustrating and hard to remain calm in this situation because they are acting as if I owe them money when that isn't the case. My bank has confirmed this with me and I have my bank statements with the copy of the check and the accounts numbers the checks are being deposited into.

Apartment manager assistant is refusing to give me a receipt and says no one will sign anything for me even after I explained to them that I have proof they cashed the check! What else do I need to do because this seems to keep occurring? Someone is not doing their job right and there is no resolution. I really don't want to send another check until this is corrected.

[TenantNet]

It sounds as if you have the facts on your side. This is a typical LL harassment scheme. Just make sure you have all the proof from the bank. If possible, get copies of the cashed checks from the bank.

The LL might play musical months with you, claiming the check for August was applied for June rent or things like that. So you should get your proof for as many months in the past as you can.

Do not send them additional money if you do not owe it.

[concord]

GETTING RECEIPTS EVERY TIME YOU PAY RENT

In addition, you are entitled to get a rent receipt from LL or Mngt every time that you pay rent.

If you pay in cash you can simply demand the receipt on the spot.
If you pay by check you can also demand the receipt on the spot.

However, for those tenants paying by check they must inform the LL or Mngt in writing, in advance, that going forward they will expect to be given a receipt on the spot every time that they submit their payment.

I would give the LL or Mngt this advance notice by mailing it through the USPS as certified mail. You don't need to mail it with Return Receipt Requested which is more expensive.

Such rent receipt, given to you every time upon each payment, must show the rental period covered by the payment amongst other things. The DHCR can provide more relevant info.

[ronin]

Definitely don't pay more than you owe. I would also think that you might want to consider writing a letter explaining their error and saying you won't pay rent until the error is rectified.

They know the bank information will win in court, they are only trying to harass you. When you stop paying they have to pay people and produce rent records.

Usually they will simply give up on this tactic and give you the credits you deserve. However, the down side to this tactic is that if they do take you to court they will lose and lose money, but you will be on the Tenant Blacklist because you went to housing court. But that seems to be weakening quite a bit.

Good luck... tell us what happened.