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Re: Cancel deposit return check? - Landlord Forum thread 338226

Re: Cancel deposit return check? by MrDan (Georgia) on August 19, 2015 @19:28

                              
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I'm surprised by the answer you have given, as mostly you provide good advice.

The facts are, in Washington State, in stopping payment on a check, one is guilty of "unlawful issuance of a bank check'.
Which shall be punished as a class C felony or a gross misdemeanor depending on the amount of the check (RCW 9A.56.060). The court shall impose a fine of up to one thousand one hundred twenty-five dollars for unlawful issuance of a bank check.
A check is always good until it becomes stale, usually after six months, which a bank may refuse to honor it. (The debt is still owed) A landlord cannot demand a time limit for cashing a check shorter than what the State law considers.

Remember, the security deposit remains the tenants property until a lawful claim has been made by the landlord, that means a judgement by the courts in the landlords favor. Stopping the check means the landlord failed to return the tenants security deposit. This subjects the landlord to a penalty up to two times the amount of the deposit, court costs and attorneys’ fees.

"one of the keys they returned wasn't to my house, so I had to have the whole place rekeyed" Under RCW 59.18.060, the landlord must provide reasonably adequate locks and furnish keys to the tenant and maintain and safeguard with reasonable care any master key or duplicate keys to the dwelling unit. It's hard to believe a landlord does not have duplicate set of keys for their rental property, more less trying to charge the tenant the cost of rekeying the locks because of one non working key.

If the landlord discovers additional damage or cost (final utility bills) related to the tenant after the return of the security deposit, the landlord has to bring suit against the tenant to recover those damages and cost. The landlord is required to also meet certain requirements in order to retain any of the security deposit under Washington Landlord Laws.



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Re: Cancel deposit return check? by Garry (Iowa) on August 19, 2015 @21:46 [ Reply ]
You are right, Mr Dan. I do try to provide good advice. And it's all my OPINIONS that I give out, from being a long term LL like you, yourself, are. And everything I am writing to you now, is just my OPINION. Have you noticed that many LLs that have been writing in to this forum this past 2 years are doing less and less of it, and are possibly dropping off the forum ?I think one reason for that, is that none of us can compete with YOU. You seem to have all the time in the world to give long answers, and you seem to always use the internet to go to each state, and look up any laws that have to do with the question at hand. Then you post the actual laws that have to do with that Q. on the forum. Whereas , that's great for the OP., but it makes me, and I'm guessing, other long term LLs that post to this site, feel useless, stupid, dumb, small, etc., compared to you. Who, besides you, has the time to look up LL/T laws in all 50 states, and quote them word for word to this forum. Why would anyone who posts Qs, EVER CONSIDER our opinions, when you can quote their own state law to them. Pretty soon, there will be no need for other LLs to comment on Qs, as YOU can provide ALL the CORRECT answers taken from the actual state laws. That's FAR better than any ones OPINION. Another problem I have with your posts, is they are very, very long, like a short novel, and you bring up the ultimate, worst-case scenarios that anyone could ever possibly come up with. Many of them, I would only give about a .00001% chance of happening, but, in my OPINION, you SCARE THE H-LL out of people with those possibilities. I'm also aware that when the owners of this site see this post, that they may very well ban me from it. I don't want to see that happen, as I enjoy using my experiences to help people, just as you do. But right now, I feel all my experiences and opinions are worthless on this forum, because of all your "facts" and quotes of state laws. I'm sure you don't realize you are doing this, but your posts DO have an effect on other LLs.(at least , in my opinion, they do on me. ) Sincerely, G
    Re: Cancel deposit return check? by Katiekate (New York) on August 20, 2015 @08:24 [ Reply ]
    You are right.

    When I post..it is from my actual experience in this business for more than 30 years. In 5 states, both as owner/landlord and as hired property manager.

    The actual experience is more valuable. It relies on the hundreds of times I have stood in front of judges and witnessed the wide latitude judges use...never mind the precise letter of the law.

    Re: Cancel deposit return check? by Susan on August 20, 2015 @10:50 [ Reply ]
    just my opinion, but i believe that the opinion you gave the op G, which is just that, is reckless. it could have severe legal ramifications for the op if followed. it sounds more like legal advice than opinion. on the other hand i do not see where mrdan gave an opinion, but just gave facts that one could see for themselves what the law covers. i would not risk my livelihood on bad opinion, but would rather have facts to go by. if you do not like the length of a post, simply stop reading. i welcome a different view point, that expands my landlord knowledge.
    Oh, i also did not realize that we are in competition with each other. maybe that is why you try to answer every post.
    Re: Cancel deposit return check? by Patty on August 20, 2015 @15:30 [ Reply ]
    Now I'm surprised! As many times I read where you have called people out, ridiculing them and where others told you to ease up and be polite? Now you play the "You hurt my feelings" card!! No one critizied your opinion, just that it was a possible bad suggestion on your part, which I agree, it was.
    You seem to feel inadequate and need the validation of others to give you purpose. Your whining has lowered my opinion of you greatly. Your accusations are ridicules! Just shows how low you will go.

    My opinion, if your opinion is important to you, then back it up with reasons as why it's valid.
    Re: Cancel deposit return check? by Bryan (Ia) on August 20, 2015 @20:16 [ Reply ]
    The reasons long term posters have dropped off here have nothing to do with MrDan.
    Re: Cancel deposit return check? by CA/OR on August 20, 2015 @20:40 [ Reply ]
    I like the combination of both types of input; particularly on the same issue. How great is it to get the opinions & insights from the experience of LLs (tremendous value added) and see the factual "here's the state law" (reference included) from Mr. Dan?

    As with any post, read what you want - dismiss what you don't.

    I come here for the opinions, insights, and experience of other LLs. There should never be a reason to "feel useless, stupid, dumb, small, etc., " just because someone provides the sterile facts of law.

    Room for both.
    Re: Cancel deposit return check? by Anonymous on August 20, 2015 @21:30 [ Reply ]
    I usually post with my name, and have been a regular reader and contributor to this site for almost ten years. In all honesty G, your posts are the reason that I've stopped coming here regularly.

    And now you're calling out MrDan for giving full, complete, and accurate information, which is the whole purpose for this forum!? Unbelievable. This is the LPA Forum, not The G Show.


    Re: Cancel deposit return check? by MrDan (Georgia) on August 22, 2015 @11:41 [ Reply ]
    Dear G,
    My purpose in posting is not to try to convince people that any one opinion is right, but rather that as a landlord, they should read what others have to say and then decide for themselves what they think will affect their business.
    We should answer all questions honestly and respectfully with integrity, as a good opinion answer is worth its weight in gold. Not to mention the damage that bad information can cause for a landlord.

    On one hand, "This is my opinion" does not preclude a statement from being wrong. It’s interesting that someone feels those four words somehow give them carte blanche to expel either irresponsibly or make statements that cannot be verified outside of the fact that they believe them so. The problem is when those opinions are actually misconceptions, and then those reasons being expressed are something factually wrong and not an opinion. There is a difference between what you believe and things you just don’t know, that what you thought was an informed opinion is actually just a tiny thought based on little information and your feelings.

    The other hand admittedly, some opinions are better than others when they are supported by facts, as these opinions are reached objectively. Being objective is when you try to see things as they are, not as you feel they should be. People, who are not objective, or subjective, allow their personal feelings to influence their opinions. So when reading an opinion, one should consider whether it is valid. If facts are given to support the opinion, it probably is valid. As landlords, we should make the choice to discover how we will use the information...or not.

    As to the opinion stated by you, what it is…is what it is, just not an objective opinion. I believe everyone has a bad day and times when they are frustrated and as a result strike out at others, perhaps this has happened.
    There is no ill will and I do look forward to reading your responses.

    MrDan


    “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.” — John Adams, December 1770



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