Bad check after closing the account

[gnz]

What is the name of your state (only U.S. law)? CA

I received my security deposit check in August and cashed it in November, only to find out that the account of my landlord was closed. He claims that he closed his account due to fraud. So I was charged a lot of over-draft fees and my bank only reversed some of the fees. I asked my landlord to give me the security deposit check plus the over-draft fees and he refuses to pay the over-draft fees because he believes that it was my fault to cash the check so late. Also, I was supposed to receive my security deposit in June but my landlord claims that he mailed the first check but I never received it. So the August check was a very late check. So I was wondering if he is responsible to pay the over-draft fees because he should have notified me before closing his account?What is the name of your state (only U.S. law)?

[Ozark_Sophist]

When did you move out? When did you receive your security deposit check?

[Antigone*of*Greece]

Originally Posted by gnz

What is the name of your state (only U.S. law)? CA

I received my security deposit check in August and cashed it in November, only to find out that the account of my landlord was closed. He claims that he closed his account due to fraud. So I was charged a lot of over-draft fees and my bank only reversed some of the fees. I asked my landlord to give me the security deposit check plus the over-draft fees and he refuses to pay the over-draft fees because he believes that it was my fault to cash the check so late. Also, I was supposed to receive my security deposit in June but my landlord claims that he mailed the first check but I never received it. So the August check was a very late check. So I was wondering if he is responsible to pay the over-draft fees because he should have notified me before closing his account?What is the name of your state (only U.S. law)?

Those overdraft fees are not your fault. It is not your fault that you didn't cash the check prior to him closing the account. You can let your ex-landlord know that if his account was closed to due fraud then his bank would have arranged for all outstanding checks to have been paid through the new account. It is a common practice and we do it all the time.

You can sue him in small claims court. You might also be able to sue him for other damages pertaining to the landlord's/tenant relationship - one of the senior members may have information for you on that front.

Here is a link to the CA Attorney General's office. Use the verbiage in this statute to draft a written demand letter to the ex-landlord.

[url=http://ag.ca.gov/consumers/general/badchex.php]Consumers - Bad Checks - California Dept. of Justice - Office of the Attorney General[/url]

take care, ana

[gnz]

Thank you Ana.

I moved out at the end of May and I received his second check in mid-August and cashed it beginning of November.