uncashed rent checks

[Eli2]

What is the name of your state?California
The Problem: My Grandmother Has been sending her rent checks to her landlord but he hasn't cashed a single one for a year. she recently moved in to a bigger house on the 1st of september and I was fearful that the landlord had the power to cash the checks at once. I was wondering how long these checks are valid.

 

[south]

The checks are a promise to pay a debt, your grandma owes the money and should not go on a spending spree just yet....

Your Grandma should not be spending money allocated for rent.

What is the name of your state?California
The Problem: My Grandmother Has been sending her rent checks to her landlord but he hasn't cashed a single one for a year. she recently moved in to a bigger house on the 1st of september and I was fearful that the landlord had the power to cash the checks at once. I was wondering how long these checks are valid.

 

[zippysgoddess]

Most personal checks are valid for 90 days, however, it is entirely up to the bank if they will honor them or not after that, some will, some won't.

However, she is still liable for the money, even if the landlord can't cash the checks, and yes, they do have the right, if they wish, to try to cash them all at once.

Grandma knew the money was subtracted off her account for rent, and should have left it as such, even if he/she didn't cash the checks.

IF there are checks in the bunch that are too old for the bank to honor, you can expect the former landlord to ask Grandma for the money, and if Grandma doesn't have it, you can expect her to get a summons for being sued for the money.

 

[You Are Guilty]

Most personal checks are valid for 90 days, however, it is entirely up to the bank if they will honor them or not after that, some will, some won't.

However, she is still liable for the money, even if the landlord can't cash the checks, and yes, they do have the right, if they wish, to try to cash them all at once.

Grandma knew the money was subtracted off her account for rent, and should have left it as such, even if he/she didn't cash the checks.

IF there are checks in the bunch that are too old for the bank to honor, you can expect the former landlord to ask Grandma for the money, and if Grandma doesn't have it, you can expect her to get a summons for being sued for the money.

Actually, after 90 days, checks are "overdue" (pertinent to HDC discussions). Otherwise, I'm pretty sure the UCC says 6 months before checks go stale, and even then, banks may still cash them ("in good faith"), but are not required to. I think it's section 4-404, (but that's subject to correction, since I haven't dealt with this topic since law school).

 

[jelly1234]

usually banks wont take checks after 90 days but if he trys for all that money and doest get it and he summons her for that money then you would think she would be able to fight it cause she did pay the man after all its not her fault that he didnt cash the checks that is only my opinion though

 

[acmb05]

Why not call him and ask him

Also ask him why he has not cashed any of the rent checks. He may have had a deal with grandma to let her live there free but needed rent checks to show the home was being rented for tax purposes.

 

[zippysgoddess]

Yes the UCC says 6 months, it is a lot of banks themselves who set the 90 day rule.

 

[JETX]

What is the name of your state?California
The Problem: My Grandmother Has been sending her rent checks to her landlord but he hasn't cashed a single one for a year. she recently moved in to a bigger house on the 1st of september and I was fearful that the landlord had the power to cash the checks at once. I was wondering how long these checks are valid.

And the CORRECT answer is.....
The California Commercial Code (which is the same as UCC § 3-304):
3304. (a) An instrument payable on demand becomes overdue at the earliest of the following times:
(1) On the day after the day demand for payment is duly made.
(2) If the instrument is a check, 90 days after its date.
(3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.

HOWEVER, that does NOT mean that the bank won't honor the check/draft. Further from the CA Commercial Code:
3409. (a) "Acceptance" means the drawee's signed agreement to pay a draft as presented. It shall be written on the draft and may consist of the drawee's signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.
(b) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored.

She needs to contact her bank and ask them what their policy is on overdue drafts/checks...... and how long they will honor them. I suggest she get that policy in WRITING.

At this point, since she is no longer a tenant and paying rent to this person, she should:
1) Contact the landlord in writing (certified RRR) advising that the checks are outstanding and asking the landlord to deposit them within the next ___ (30?) days or they will no longer be valid.
2) Then, simply leave that money in that account for the duration of her obligation to pay (two years). If the checks are not cashed or a demand for payment is not made after that time, she is free to take the money and spend it as she sees fit.

 

[zippysgoddess]

Thank you JETX, I know I was always told 90 days by various banks, just wasn't sure where to find the information, and if it was still current as I hardly ever use checks. I do most of my stuff electronically.

 

[You Are Guilty]

Echo...echo...echo...echo

 

[JETX]

Echo...echo...echo...echo

Yep.... you get FULL credit for this one.
I was just trying to provide more complete information for the poster. And to resolve some of the 'guesses' by others.

 

[zippysgoddess]

With all the echoing, someone should yodel in here, the acoustics are great!

 

[BelizeBreeze]

Jimmie Rodgers Last Blue Yodel

As I went out to meet my maker
As I went down that narrow road
The daughter of the local shaker
Walked ahead of me whispering in my ear
And singing this song
Close up the road
Clear the shelf and empty out the store
Close up the road
Pull the cover up a little bit more
As I went out to cross the river
The river slow and deep and wide
The angels sang about the givers
But on the other side the ferryman laughed
As he was singing this song
As I went out to climb the mountain
The mountain hard and steep and cold
I thought I saw the Golden Fountain
But when the fog let up
All that I could do was just a whistle this song

 

[zippysgoddess]

Beautiful BB, just perfect.

 

[You Are Guilty]

Yep.... you get FULL credit for this one.
I was just trying to provide more complete information for the poster. And to resolve some of the 'guesses' by others.

That was directed more to Zippy who rushed to join the JETX Fan Club, (especially since it appears I screwed up on the UCC section number), but since I doubt the poster cares about HDC's, you gave a more useful answer