+ Reply to Thread
Results 1 to 11 of 11
  1. #1
    larala is offline Junior Member
    Join Date
    Jan 2008
    Posts
    8

    Debts and uncashed checks

    What is the name of your state? CA
    My landlord has traditionally taken two or three months to cash my monthly rent check. But now he's taking even longer. One of the uncashed checks is older than 6 months. Question: If the bank refuses to pay the check because the landlord lets it sit for too long, do I still owe the money to the landlord? Thank you.
  2. #2
    racer72 is offline Senior Member
    Join Date
    Jan 2001
    Posts
    14,121
    Quote Originally Posted by larala View Post
    What is the name of your state? CA
    My landlord has traditionally taken two or three months to cash my monthly rent check. But now he's taking even longer. One of the uncashed checks is older than 6 months. Question: If the bank refuses to pay the check because the landlord lets it sit for too long, do I still owe the money to the landlord? Thank you.
    Yes you do.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  3. #3
    larala is offline Junior Member
    Join Date
    Jan 2008
    Posts
    8
    Thank you. Since the landlord is a legally competent adult, I assume that he would have to directly ask me for a new check, correct? Is there a time limit when he can do that?

    I understand your're suggesting that the landlord is legally entitled to decide when to cash his checks no matter how many months (or years?) the check was written and if the check bounces on a stale date (not on lack of funds) it is my responsibility to pay bank fees. Correct?

    This is not a one-time oversight on the part of my landlord. That is what he does. I used to call his attention to uncashed checks but I stopped when I saw that that was a habit he did not wish to change.
  4. #4
    VeronicaLodge is offline Senior Member
    Join Date
    Oct 2007
    Posts
    2,580
    i would think you are only liable for the amount of the check, the rent. has this actually happened yet? I know you say your landlord routinely keeps the check a long time, but has your bank ever refused to make payment on one? you may be worrying over nothing.
  5. #5
    larala is offline Junior Member
    Join Date
    Jan 2008
    Posts
    8
    No, it has never happened. But checks never went uncashed over six months like now (just three or four months). Many banks bounce checks with a date older than six months. It is just a headache for me to have to worry about whether the checks were cashed. I'm also wondering if he could one day claim that the checks were received late. Since he cashes them so late, there would be no way to prove that the checks were sent on time.

    It seems to me that, if someone gives you a check and you hold it for so long that it becomes stale dated and bounces, it's as if someone paid you in cash and you lost the money. The debt was paid. What's the difference?
    Last edited by larala; 02-08-2008 at 12:04 PM.
  6. #6
    BoredAtty is offline Member
    Join Date
    May 2007
    Posts
    682
    Quote Originally Posted by larala View Post
    I understand your're suggesting that the landlord is legally entitled to decide when to cash his checks no matter how many months (or years?) the check was written and if the check bounces on a stale date (not on lack of funds) it is my responsibility to pay bank fees. Correct?
    No, that would be his responsibility.

    Quote Originally Posted by larala View Post
    I'm also wondering if he could one day claim that the checks were received late. Since he cashes them so late, there would be no way to prove that the checks were sent on time.
    The landlord must give you a receipt for your rental payment if you request one.

    Quote Originally Posted by larala View Post
    It seems to me that, if someone gives you a check and you hold it for so long that it becomes stale dated and bounces, it's as if someone paid you in cash and you lost the money. The debt was paid. What's the difference?
    The debt is not paid when the check is given, it's paid when the check is cashed. Obviously, the difference between the two scenarios you mention is that in the latter, you still have the money.
  7. #7
    fairisfair is offline Senior Member
    Join Date
    Jan 2006
    Posts
    9,756
    Quote Originally Posted by BoredAtty View Post
    No, that would be his responsibility.


    The landlord must give you a receipt for your rental payment if you request one.


    The debt is not paid when the check is given, it's paid when the check is cashed. Obviously, the difference between the two scenarios you mention is that in the latter, you still have the money.
    yeah and don't forget YOU owe me. LOL
  8. #8
    spallanzani is offline Member
    Join Date
    Dec 2007
    Posts
    66
    Have you thought about paying him with a cashier's check or certified funds? It's extra work to go get one each time you pay rent, but I would rather have that inconvenience than have to keep track of each check that is outstanding and make sure I always have enough in that particular account to cover them.
  9. #9
    xylene is offline Senior Member
    Join Date
    Nov 2005
    Location
    St. Richard's
    Posts
    8,750
    You can get checks printed VOID AFTER 90 DAYS.

    The legality of that - well that depends... BUT if you do so and put your landlord on notice... it can't hurt.

    You should ALWAYS get a receipt for rent payments.
  10. #10
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,965
    Quote Originally Posted by xylene View Post
    You can get checks printed VOID AFTER 90 DAYS.
    If the check is not cashed, then the money is not paid and the amount would still be owed. Sure, it would help alleviate any penalties for "late" payments...but it doesn't change the fact that the underlying amount is still owed.
  11. #11
    xylene is offline Senior Member
    Join Date
    Nov 2005
    Location
    St. Richard's
    Posts
    8,750
    Quote Originally Posted by Zigner View Post
    If the check is not cashed, then the money is not paid and the amount would still be owed. Sure, it would help alleviate any penalties for "late" payments...but it doesn't change the fact that the underlying amount is still owed.
    I don't think the poster is trying to avoid debts, in fact quite the opposite. The landlord being owed is seperate from a little posterior fire lighting when it comes to checks being deposited.

    And a little TP for ones own posterior never hurt.

Similar Threads

  1. How can we recover uncashed checks?
    By Raymond5556 in forum Social Security Disability / SSI Law
    Replies: 2
    Last Post: 05-13-2007, 10:55 PM
  2. uncashed rent checks
    By Eli2 in forum Landlord / Tenant Issues
    Replies: 15
    Last Post: 11-16-2005, 11:25 AM
  3. Uncashed Rent Checks?
    By kittyfelon in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 07-18-2005, 02:19 PM
  4. Uncashed rent checks
    By AChamberlain in forum Landlord / Tenant Issues
    Replies: 59
    Last Post: 06-07-2005, 02:44 PM
  5. Uncashed stock checks belonging to grandfather
    By Mugs23 in forum Wills, Trusts and Estate Planning
    Replies: 1
    Last Post: 06-14-2001, 11:37 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.