Looks like "DecemberSquirrel" got her caps lock key fixed. Thank you. However, now it looks like your abusive use of "ALL CAPS" has used up your supply of Capital letters. I suggest you stop by Office Max, Staples or OfficeDepot and see about buying some capital letters.
And, in 'real' answer to the thread originator (DeniseM):
Q1) "I put a deposit down on a apartment 4 months ago the apartment is just now empty, but is not clean and carpet is stained. I have not sign any papers can he still cash my check"
A1) I would be surprised if he hasn't deposited the check yet. Contact your bank and see if they have cleared that check number. If not, I would suggest that you put a 'stop pay' on the check.
Q2) "or do I need to stop payment."
A2) See A1.
If you do decide to put a 'stop pay' on the check, send the 'holder' a letter (certified RRR) advising that you have put a stop pay on that check and your reason.
Now, a couple of questions:
1) Did you sign ANYTHING in this transaction?? It just seems somewhat incredulous that you would give someone a deposit check without ANY agreement.
2) Was there any agreement of what the landlord was supposed to do or by when??
3) Are you still interested in taking possession of this apartment if the landlord resolves the cleaning and carpet problems?
4) Have you talked to the landlord about any of these issues?? And if so, what did they say??