Is a deposit check legally binding?

[gatra]

I looked at an apt. appx 1 mo. ago and expressed an interest in it, but adv it would have to have new carpet. The apt. mgr told me that if I left a personal check for the amount of the deposit with "deposit dependent on new carpet" he could use as leverage w/ the owners to get the new carpet installed. So I left a post dated for $300.00 w/ that same on-site manager. I decided on another apt. and never went by to retrieve my check, and could not call them since I never rec'd the on site mgrs name or number and there is no listing in the phone book. I rec'd a message from the onsite mgr that they deposited my check on 5-1-00. I advised that I had closed that acct on 4-21-00 when I relocated to my new address, he then advised the owners will take the "bounced" check to the state attorney's office and I will have to deal with it that way. I was able to put a stop payment on the check today, but am wondering if I am legally obligated to this deposit since I never even saw a lease agreement, much less filled one out? Thank you to whoever can assist me !!!

 

[Tracey]

What state are you in?

The question is whether the check was a promise by you to rent if new carpet was installed, or just created an option for you to rent the apartment, contingent on final inspection and negotiating a lease. It sounds like the manager got you to sign the check as a favor to him so he could get the owners to recarpet. I don't think this created an obligation for you to rent the apt. Obviously you didn't think it was a promise to rent, since you continued to look at apts.

Also, the "promise to rent" is likely too vague to be enforceable. It didn't specify rent, lease time or terms, who pays utilities, etc.

Did you tell the manager when you needed a new apt? If he did not contact you within a reasonable time before that date, he can't argue that he really thought you still wanted the apt. Failing to have the apt ready when you needed it cancelled any obligation you might have had to sign a lease. Was it reasonable for you to assume that the owners had rejected new carpeting when you heard nothing from the manager for 4 weeks? (Yes)

Does the manager routinely have potential tenants fill out a rental application? Does the application say that tenant promises to sign a lease if landlord approves him/her? (Mine do.) Did manager convey any of this to you? If manager thought you had to rent & you thought you only had an option to rent, there was no 'meeting of the minds' and no contract was formed.

Not knowing the manager's name or phone number is no defense. You could have driven over there.

If contacted by the state's attorney, tell them what happened and why you did not think you had to sign a lease or keep the account open to cover the $300 check.

Good luck,
Tracey



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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.