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What to do if you mail rent checks via UPS,Fedex,US Mail and landlord and household members refuse to sign for it .

Brooklyn, NY |

I've been sending rent checks Via UPS with signature required then changed to Fedex so I have proof they have been receiving them, This person is at home but refuses to open door for delivery and to sign
my next thing to try is to use U.S Mail Certified with return receipt but they could also refuse to sign for it
what to do in this case ? I need to prove they are receiving the rent checks. By the way they are not cashing them and we can not get evicted by normal means due to the fact we are rent controlled tenants things are heating up now they are making our life so difficult. (moving out is not an option) more issues here than meets the eye.I think they want to try another way to evict us since the last time they tried did not work for them.

Attorney Answers 4

Posted

If you have proof that you mailed/sent the rent, and they are refusing same, you need only retain such proof, and put money for rent to the side (maybe in escrow?) so that when the landlord commences a lawsuit for nonpayment you have your proof that landlord rejected rent. Have you always mailed in rent this way? How did you pay rent before the landlord started rejecting it? These are all questions that should be discussed with your attorney. Good luck!

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Posted

Follow the method for payment of rent outlined in your lease and document your efforts at paying rent in accordance therewith, as outlined by my learned colleague. If the lease is silent on this point, follow the past practice you have used where the landlord has accepted rent. It is an excellent suggestion to place your rent monies in escrow, or a segregated bank account, if your landlord refuses to accept payment.

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Posted

Why would a landlord refuse to accept rent? That's the one thing landlords should be happy to accept. I can only surmise your landlord is trying to build a case for eviction based on your non-payment of rent. I strongly recommend you proceed immediately to an attorney for a consultation on your case.

Disclaimer: For a free consultation contact me directly at 973-519-0196 or Adam@LefkowitzLawOffice.com. If this answer was helpful, please mark it as helpful or as a best answer. Answering questions on avvo.com does not create an attorney-client relationship. You are strongly encouraged to seek and retain your own counsel. Information and answers posted to this website are for general informational purposes only.

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Posted

well this one wants more money than the legal amount of rent this is why they won't accept payment from us .they prefer to make lies to evict us they already failed on 1st attempt and they owe us in rent overcharges and are trying anyway possible to say that apartment can not be under rent control reg/law .living in it 45 years house was built before WW 1 .

Adam Lefkowitz

Adam Lefkowitz

Posted

I hope your troubles clear up quickly. My best advice is to hire an attorney. You need the services of a professional to end this matter to your satisfaction. The Brooklyn Bar Association has a Lawyer Referral Service. You can contact the association by following this website link: https://www.brooklynbar.org/lrs/landlord-tenant/ or by calling (718) 624-0843. In addition, my colleagues here on avvo have provided excellent advice and I am confident any one of them can assist you. I am not licensed to practice in New York. I wish you the best.

Posted

Dear Brooklyn Tenant:

Your lease should state the method for sending the rent to the landlord, and if some reason, the lease does not do so, then the law does not require the tenant to go the distance to force the landlord to receive the rent. For a courtroom purpose, tendering the rent in a manner that is not burdensome to the landlord (such as making the landlord sign for delivery) is often the best method.

You would need to prove that you paid the rent. Paying the rent is getting the rent check to the landlord. The law cannot force the landlord to cash the rent payment, but then the landlord will not succeed in suing for rent that the landlord chose not to deposit or to receive.

If you make a copy of the rent check, the envelope you are using to mail the rent (properly addressed with the proper postage) and mail the check enclosed in the envelope to the landlord by Regular First Class Mail (with a purchased Certificate of Mailing), then you would be using a method that would put the envelope into the landlord's mailbox, delivered by a USPS letter carrier, and the certificate of mailing is proof that you mailed the envelope. If for the landlord still finds a way to send the mail back to you, then you also have the proof that you mailed the envelope and paid the rent (do not open the envelope if it comes back to you)

A rent controlled tenant may file a harassment complaint at the New York State Division of Homes and Community Renewal (DHCR) against the landlord for refusing to accept the rent, among other wrongful acts of the landlord.

And since this seems that it may be one aspect of a real big case affecting your tenancy, hiring an attorney may be a good move.

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

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Posted

This is a whopper of a case, what I have mentioned here is a very very small tip of a much larger Iceberg. The LL has not cashed rent checks for several months now I have gotten checks delivered to them and have tracking info when delivered and who signed for it but lately they are refusing to open door or to sign. This part of the Iceberg began because we found out that we had been paying more rent than the legal amount for this apartment and we began sending payments of the legal amount that was due add to this that LL demanded 2 rent raises last year reason why we investigated and ended up with this now growing issue, we are about to commence a case against LL but have some snags caused by LL holding up the process ( this case involves elderly and people with disabilities ) LL person does not want to understand they need to accept the rent amount but is refusing this its going to court and owes us $$$ for overcharges and long list of realy horrible things that they have done to us personally and to members of my household along with many violations that will be recorded soon. as I mentioned before they tried to Illegally evict us and failed due to they lied to attorney it did not apply to us and ours told them what was going on. LL used attorney as a way to harass us into leaving rent controlled apartment . Thank you

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