Los Angeles - Rent late fee...valid????

Question

I have always given my landlord a rent check a few days BEFORE rent is due - on the 1st - and it was ALWAYS deposited on the 1st or 2nd of the month. This time, the check was deposited 2 days BEFORE the 1st. The early deposit caused the check to bounce (my direct deposit happens on either the 31st or the 1st). I had to pay a NSF and a late rent fee... in addition, I had to resend a new rent check that hasn't been deposited yet (it's now the 18th).
I have NEVER been late or missed paying rent, but I was told because I don't post-date my checks, there was nothing I could do...is this true???

Thanks for the replies...

My landlord is not onsite and picks up the rent checks usually the weekend before the 1st....so you mean even if I post-date it, and he deposits the check
before the 1st it could still bounce???

Answer 1

The date on the check is immaterial and only a reference for you, at the time you tender the check it is assume to be good and cash able that day, no matter what the date on the check reads

Answer 2

Unless otherwise specified a LL is going to deposit your check on the date they receive it, not wait until the 1st. Some management companies have a rule that they are not to leave checks sitting around and must deposit on the day it's received. If you did not have enough funds to cover the check then as per your lease they have the right to charge you a returned check fee of $25 or $30, a late charge and even go so far as to make you pay by money order or cashiers check for the remainder of your lease term. If you can hand deliver your check then I'd do it or be sure to make your check dated for the First of the month.

Answer 3

Whether you post-date it or not, the landlord can deposit it upon receipt. When you sign a check you are certifying that funds are in the account at that moment. Since they were not, you wrote a rubber check and are now paying the price. If you don't have the funds to cover the check until the 31st, do NOT cut the check until then!

You are under no obligation to give the LL the check before the rent due date. Mail it one business day prior to the due date so he'll get it on the due date.

Answer 4

YES - the landlord can cash your check as early as the date on the check says he can. If you don't want him to deposit it until the 1st, DATE IT for the first. Banks won't accept it before then.
Sorry, there's nothing you can do about it but take it as a lesson learned.

Answer 5

unless the landlord agrees ahead of time to not cash it until the date it is posted than your holding onto his good graces. reagrdless of the date, he can cash the check as he has a right to. u should be more careful in managing ur money and balancing ur checks so u do not bounce checks. i think them charging u a late fee is a little silly but we chagre our tenants 25 bucks for bounced checks.