My lease says the rent check is to be cashed every Monday (I pay weekly) but the landlord cashed the check on a Friday when the money wasn't in the account, (I get payed Mondays) and it overdrew my account. Can I break my lease without consequences since he did that?
2007-05-18 04:53:05 · 11 answers · asked by rory50401 1 in Business & Finance ➔ Renting & Real Estate
He can sue for the remainder of the lease, plus court costs. Advise: Never give someone a check that you dont have funds for at the time you give it to them!
2007-05-18 04:56:34 · answer #1 · answered by Daddy-o 5 · 0⤊ 0⤋
No.
Your lease probably does NOT say when the rent check is to be cashed. It probably says when the rent check is DUE to the landlord. If you write the check early, you're implying to him that you have the funds available.
Your lease also probably states that you've agreed to pay rent for a certain period of time. If you break the lease, you can be sued for both posession of the apartment and any rent that is still outstanding under the lease, plus court costs. You'll probably also forfeit your deposit.
Your best bet is to contact your landlord and see if she'll let you OUT of the lease voluntarily.
2007-05-18 04:57:50 · answer #2 · answered by Scotty Doesnt Know 7 · 0⤊ 0⤋
No, you probably can't break your lease. At most, and only if the landlord is agreeable, you might be able to deduct the overdraft fee from a future payment. But, I wouldn't count on it.
That whole scenario is somewhat shaky because, it's a little too close for comfort. Even if you get paid Mondays, the deposit might not get posted until Tuesday. In this case, I'm afraid you're out of luck, once you write a check, you've made a legal representation that funds are available. Be careful, in many jurisdictions, its a felony to repeatedly write bad checks.
2007-05-18 05:17:53 · answer #3 · answered by therainbowseeker 4 · 0⤊ 0⤋
Hmm... you may end up losing more money if you try to break your lease. If your lease clearly states that the rent check is to be cleared on Mondays, talk to your landlord. You can also postdate the check so they can't cash it in until then. You can write him 4 checks all at once with different dates - that way your rent is paid on time and he can't cash those until the written date.
2007-05-18 05:14:41 · answer #4 · answered by Holly Golightly 4 · 0⤊ 0⤋
you cannot break the lease over that. the Landlord must make the bank account right though..IF he does not..keep all records..deduct it from the next months rent. Ask Him nicely IF He is gonna do anything to help you out..OR date the check on the EXact day u want Him to cash it.Don't give it to him early anymore, He is a biscohead
2007-05-18 04:58:32 · answer #5 · answered by rogerbondage007 2 · 0⤊ 0⤋
seem at your lease. generally cases their is a clause putting forward that the lease would be terminated with 60days be conscious by technique of the owner. additionally, there are from time to time clauses approximately what happens whilst the valuables gets bought. in any different case, the hot vendors ought to uphold the lease. i'd say take the $500 and flow someplace else. you're no longer in all hazard to get provided a lot greater in court docket because of the fact which you probably did no longer flow in, so there are not significant losses.
2016-12-17 16:24:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
His waiting a few days would not cause a check to bounce unless you spent more then you had. I don't think you can hold him responsible as you are the one who signed the check and gave it to him. Many Mondays are holidays, there is no way for him to have that in a lease legitimately.
2007-05-18 06:16:20 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i doubt it, it says the check is DUE monday or is to be cashed monday? odd wording. regardless of when he cashed you wrote him that check for that amount and you are the person responsible for it not clearing regardless of when it was cashed. if you write a check the funds should be there to cover it whether it be 1 day or 1 month. its up to you not to spend the money that should have covered the check.
2007-05-18 04:56:04 · answer #8 · answered by just me #1 5 · 0⤊ 0⤋
why break the lease just tell da dumb *** to cash it on mondays... tell him if he dosent cash it on mondays it will bounce if u beak the lease he wins not only dose he have ur rent but ur deposit too then ur stuck like chuck ...oh yeah even if he dosent cash it on mondays then u should also try not to spend the money that needs to be there ..know ur limmit
2007-05-18 05:05:31 · answer #9 · answered by snipit 3 · 0⤊ 0⤋
Someone close to you needs to be real with you and tell you, QUIT BEING IRRESPONSIBLE. It's not his responsability that you can't balance your damn check book. I can't stand when stupid people blame these types of problems on other people. You are to blame. Give him cash or a prepaid check if you can't budget your spending.
2007-05-18 07:02:03 · answer #10 · answered by A F 1 · 0⤊ 0⤋