Bank or Landlord, Who is responsible?

Question

I wrote a check to my lanlord 2 years ago, he "lost" it, and so I wrote him another one, he cashed it, then in Feb (2 years later), he cashed the other one. In other words, he recieved 2 months rent for one month. I didnt stop payment because I "trusted" the guy, and it really wouldnt have done me any good because stopping the payment is only good for 6 months (said my bank). My bank doesnt want to take responsbility and my landlord is playing dumb. Meanwhile, I am out 1500.00. Can someone please help me??

Answer 1

The bank is responsible for cashing a 2 year old check, they shouldn't have done that in the first place, now your landlord is also a fault for cashing it, now the prudent thing to do was to cancel the lost check when it was reported as lost that was your fault if either the bank or the landlord want to help you there call best consumer affairs at your local office and tell them what happened, you can also just wait till next month and not pay for the rent that month unless you need the money right away. Good luck!!

Answer 2

You should have proof from the bank that both checks were cashed. They send me photo copies every month of all checks I wrote. The easiest thing to do is not to pay rent next month and show him the copies of the rent checks and that you have already overpaid. If he tries to take you to court there is no way you will lose if you have all your receipts, etc..

Answer 3

I would go talk to a lawyer and see what he suggests to do.