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  1. #1
    shyllei is offline Junior Member
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    Jun 2010
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    Landlord is holding rent checks.

    What is the name of your state? - California

    My mom has been a tenet for more than 10+ years in a townhouse. She is named on the rental agreement and sends a check every month to the landlord for rent. For the past one or two years, the landlord has been accepting the checks, but not depositing them. My mom has called him on numerous occassions asking him to please deposit the checks, and he finally did deposit the last 3 or 4 months in his bank account, but not any of the other previous checks.

    My questions are if the landlord tries to deposit these previous checks, and I'm sure there must be a few that are over 6 months old, can he legally force my mom from the townhouse for non-payment since the banks will probably not accept them? There is money in her account for these checks, so I'm not worried about that portion. Is there anything else we should be aware of?

    I have no idea why the landlord isn't depositing the checks, but I'm going to have my mom write down all the checks that are still outstanding and send a letter to the landlord regarding this.

    Thanks for any responses.What is the name of your state (only U.S. law)?
  2. #2
    FarmerJ is offline Senior Member
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    It is not a bad idea to note all the uncashed checks in a letter sent via confirmed mail delivery to the LL. If the LL is older its possible especially if the property is paid off that the LL may have be having medical problems. If push comes to shove suggest to your mom to go to her bank , open a second checking account , easier to just leave the funds alone that way. If she doesnt want to do that hopefully the letter is seen by one of the LLs adult children and helps the LL get this settled. Your moms bank can tell her how long checks can go uncashed before they are finally rejected due to age. Last as long as your mom is not spending a dime of the uncashed rent money and keeps deducting it from her register she will be fine. Sooner or later someone is likely to figure out whats going on. Keep all communciations with the LL in writting sent via confirmed mail delivery. ( wouldnt hurt to do the same with future rent payments)
  3. #3
    justalayman is offline Senior Member
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    a bank can consider a check stale at 6 months. That means they can refuse to negotiate the check. It doesn't mean they have to refuse to negotiate the check. There is no end date on a check unless it is stated on the check.


    I would suggest getting paper receipts when paying if at all possible. That would show proof of delivery of the check. That way if there is any argument in the future, she has proof of delivery of the check.
  4. #4
    shyllei is offline Junior Member
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    Jun 2010
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    9
    Thanks for all the responses.

    Unfortunately, since my mom lives alone and is pretty much illiterate in things such as this, getting her to certify things is a little difficult since I am not living close enough to help her out.

    And we do know the landlord does have mobility. My first instinct was thinking that he wasn't depositing the checks because he didn't want to claim it as income on his tax return. Anyways, I'll try the letters first, and try to get her to make copies of the checks she sends so we have something in writing.
  5. #5
    FarmerJ is offline Senior Member
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    Well what ever the reason the LL is not cashing rent checks consistantly your mom just needs to make sure that she doesnt spend the money sitting there in the account. If the LL is older, sooner or later someone from the LLs family may step into the picture and assist the LL with getting financial records in better shape and likely will contact her. ( hint If nothing else maybe your mom can learn if the bank will give her interest on the additional funds just sitting there ( that interest money for sure would be hers to use as she sees fit)

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