Q: Landlord never deposited a single rent check other than the security deposit since November 2016.
Upon move in,we were told by the realtor who oversees the rental house that rent would be paid to the homeowner(who lives in Canada)via bank deposit.We've never been given the homeowners banking info,despite many attempts to get it.We have texted the realtor many times asking him to resolve the situation.We were also told, via text,that we could renew our lease in Nov 2017, but we've not received any renewal paperwork. The first 6 months, we mailed a rent check to the realtor, but they've never been deposited.I informed him that I didn't want to mail checks that weren't going to be deposited,& again asked for the banking info. The realtor seemed unconcerned, & agreed to have us just set aside our rent money until the homeowner set up his U.S. bank account & management company. So here we are living in a home, without a lease, with a landlord that refuses to take our rent money. Are we going to be held liable for the entirety of the rent, including the undeposited checks? What to do?!
A: Yes, you will be held liable for all rent that was due and paid. The fact that the money has not been deposited is of no consequence. Where there is a valid lease with your signatures for the leased property there is a legally binding agreement to pay a sum of money. Hold the money aside as it becomes due and pay it to the rightful party as soon as they make themselves available. Hopefully it will not be too much longer.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
