I received a post dated check from a tenant for rent which is already very past due. There have been repeated problems every month in getting this tenant's rent. The lease ends on Oct. 31st and I financially need to receive Sept's rent and then serve her with a letter that her lease will not be renewed and that she needs to vacate the premises by Oct. 31st. Can I get in any legal trouble if I cash that check prior to the date on the check, of course provided the bank teller processes it before the date on the check? Could I be legally held responsible for any bank fees she may incur for other checks that may bounce due to my cashing the check now?
2006-09-16 05:13:28 · 12 answers · asked by Dawn 1 in Business & Finance ➔ Renting & Real Estate
In Canada....banks pay no attention to 'post-dates' ...a check in hand is cash-able at any time. And also, here, you would not be responsible for any fees incurred by the cheque writer. The way it is here is that the writer of the cheque is simply trusting the one they give it to not to cash it till it's date, but there are no legally binding laws or rules that say you can't cash it. I also am a landlord and I know it can be a tough thing at times with deadbeat tenants. You need to start doing background and especially credit checks on prospective tenants. If they don't want you to do that...then you DON'T want them as tenants.
2006-09-16 10:17:28 · answer #1 · answered by LUCIFER 5 · 0⤊ 0⤋
Check with your bank, but in most states, post dating a check does not make it invalid. If someone writes you a check and signs it, regardless of the date written on it you should be able to cash it. If you are not certain whether it will bounce, take it to the bank on which it is drawn and cash it there. The person writing the check is the one who is liable for any overdraft fees they may incur because of insufficient funds.
As far as giving her notice, it all depends on the requirements set down in the rental agreement. Most states require a 30 day notice in writing before terminating a lease/rental agreement. The tenant is liable for the rent during this 30-day period.
A little tidbit some people are not aware of (check in your state):
- In many states, a lease does nothing but guarentee the amount of rent that will be charged for a specific duration. It does not obligate either the tenant or the landlord to any length of time; meaning either the landlord or tenant could give a thirty day notice at any time prior to the end of the lease and not be responsible for the balance of the lease period after the 30 days.
2006-09-16 05:42:09 · answer #2 · answered by CMR2006 3 · 0⤊ 0⤋
Because bank tellers don't always look at the dates on a check, and said check bounces for insufficient funds, you can get in a heck of a lot of trouble. It's not illegial per se to accept a postdated check, only unwise on your part. I understand what you are saying, but you will end up paying for that bounced check in more ways than one. Get your rent for Sept and Oct., then give her the letter to vacate. Legally, she can stay there after that date to vacate, and you'll have to have the Sheriff serve papers. Learn from your experience with the tenant and don't let it happen again. Right now, if they give you that bad check and decide to move in the middle of the night, you've lost both ways.
2006-09-16 06:38:08 · answer #3 · answered by skyeblue 5 · 0⤊ 0⤋
Not sure about your state's laws, but in Texas one cannot cash a post dated check until the actual date. My recommendation is to speak with an attorney. However, a post dated check does not constitute payment, so you can begin to file papers for eviction for non-payment of rent.
Of course you have to ask yourself if it's worth the hassle and frustration of the eviction process when the tenant will be out by Oct 31.
2006-09-16 05:26:12 · answer #4 · answered by L96vette 5 · 0⤊ 0⤋
A post dated check is illegal to write in Texas. It will probably bounce but that may be a good thing if you want them out. Take it to the bank and get the registered/certified letter to the tenant by Oct. 1.
2006-09-16 05:24:05 · answer #5 · answered by mickeyg1958 4 · 0⤊ 0⤋
No, unlawful Legally you have not any status while it is composed of giving a post dated examine and as quickly as you have signed a examine, that's valid. fairly some human beings sense that once you write a post dated examine and the guy whom that's written to accepts it, that that individual is extending you credit. If it bounces, they might ought to sue in civil courtroom....and examine fraud ought to be very confusing to tutor. on the different fringe of the coin, feels like a grasping or undesirable landlord. i will understand that he probable merely needs a dedication for charge, yet why might he ask you to do something that's against the regulation, much less unethical?
2016-10-15 01:39:16 · answer #6 · answered by ? 4 · 0⤊ 0⤋
I know for a fact that the bank will not allow you to cash the check. It is one of the things that they look to verify. If they allow you to it is not going to be a problem they have given you the check play dumb and have fun.
2006-09-16 05:23:37 · answer #7 · answered by Barry G 5 · 0⤊ 0⤋
Most banks won't take a post dated check.
2006-09-16 05:25:37 · answer #8 · answered by sharon 1 · 0⤊ 0⤋
Take the check to her bank on the date the check is dated. You will know immediately if it's cashable or insufficient funds.
2006-09-16 05:30:50 · answer #9 · answered by beez 7 · 0⤊ 0⤋
you can go down and cash the check and no you will not be held responsible for anything...of course if you told her to write you a postdated check and you would hold it but you dont then that is just sorry on your part....
2006-09-16 05:26:12 · answer #10 · answered by Anonymous · 0⤊ 0⤋