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landlord doesn't cash our checks

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matt_eliseo

Guest
Dear All,

I am a resident of Chicago, IL. My roommate and I have lived in our apartment for 9 months and have a 1 year lease. We just found out today that he did not cash rent checks the we wrote him 8 months ago because he "lost them behind the couch and just found them today". We have contacted our banks, and they have informed us that they will not accept checks that were dated more than 6 months previous. My questions are: Are we legally obligated to pay our landlord that money for past rent, or has he forfeited his right to payment since he failed to cash these checks for over 8 months? What should our course of action be?

Thank you very much in advance for whatever help you can offer.

Sincerely,
Matthew Eliseo
 


Watch out for stop-payment fees

Your landlord was clearly negligent; however, you lived in the apartment and should pay the rent.

When you "stop-payment" on the check(s), your bank will charge you a fee....I suggest you ask your landlord to provide you with a signed letter from the landlord advising:

1. That various checks, listed in the letter, have not been cashed.

2. That the checks in question are being returned to you with the landlord's letter ..... the landlord may want a receipt from you.

3. That the landlord agrees that due to this situation, caused solely by the landlord, that any and all charges from your bank, if any, will be paid by the landlord.

However, if the landlord returns your original checks, then, to be sure, you need not stop payment, so there should be no bank charges.

In any event, you owe the rent and it should be paid.

Paul Bernstein
 

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