landlord writes bad checks

[ballard]

Our former landlord (South Texas) wrote me two separate post-dated checks for my security deposit and for several major appliances which I sold him. When I deposited his checks the bank returned them stating that he had placed a stop payment on them on the day before the checks had been dated, thus making it impossible for me to receive payment. He wrote "appliances" and "security deposit" in the memo spaces of each check. Although I do have a lease, I do not have a receipt for the appliances I sold him, only his word and the check memo. It was my mistake to trust that he would pay for the appliances and return the security deposit, and I am now fully aware that oral agreements are not worth the paper they are written on. Naturally he will not return my phonecalls and must feel that he has gotten off with my security deposit and appliances scott free. Who can I turn to for help in this matter and what are my rights? Is that considered larceny? My main objective is to get this documented so that this landlord is eventually held accountable. Thank you.

[Edited by ballard on 11-22-2000 at 01:44 AM]

 

[HomeGuru]

When did you move out and when was L supposed to refund your sec deposit by? You may have hit the T jackpot.

 

[ballard]

reply regarding Homeguru's questions

Dear Homeguru, Thank you for replying. We moved out on October 23rd, 2000. The LL gave us a check for the appliances we sold him which was post-dated Nov.15th, and another check post-dated for Dec.15th to cover our sec. dep. (as well as half of a month's rent credit because we mutually agreed to end the lease early). Because we were ideal tenants and left the home immaculate the landlord agreed to let us out of our lease early because stating that he could now charge more rent to the next tenants based on the maintainance and repairs we did on our own volition. I am most certain that the post-dated check for Dec.15th will also have a stop payment placed on it, based on the fact that his first check did not clear and because he refuses to answer his phone or contact us in regarding the first bad check. In fact, when we finally did get through on the phone his alleged cousin told us never to call there again and did not let us speak to the land lord. Thank you for any observations in this matter. -Ballard

 

[HomeGuru]

Ok, you win on the deposit and maybe also the applicance.

 

[David J. Miller]

O.K. I'm going to use a very big word here. Isn't the returned check "prima facia" evidence that a debt is owed regarding the appliances. (Look I realize I probably spelled it wrong but I don't have a law dictionary to reference (and that's because I don't own one) and I may be way off base anyway.)

 

[HomeGuru]

David, you got the right theory but those are two small words not one big one. Just when I thought you were on a roll learning law, then I find out you can not count and flunk math.

[Edited by HomeGuru on 11-23-2000 at 01:11 PM]

 

[ballard]

Next step?

Thanks for the "prima facia" theory.Even if theLL denies our agreement the checks show that he had a debt that he intended to pay. What is my next step? I moved to another state and I am not wealthy enough to lose more money in this, but it is very important to me that this at least gets on record somewhere. The total sum is $810 dolllars (which isn't much to a lot of people).

 

[Jack Mevorach, Esq.]

Just sue on the checks.

 

[Wgoodrich]

Not and attorney but am a landlord.

I would contact an lawyer. If my memory serves me right it it illegal to write a post dated check. You stated one of those checks are dated a month from now. If you have proof of this you should have legal recourse on that issue alone. In my state a LL is required to provide a detailed list of charges for damages, etc. to the renter withing 30 days of the termination of the lease. The LL must also pay the remainder to the renter within those same 30 days. If the LL fails to do that, he is not only liable to return the deposit in full but also pay attorney fees and court costs. There is a chance that if he can not give good reason for the stop work order of the check you may have a legal grounds for a civil fraud case. You may indeed have hit the jack pot because if civil fraud is proven in my state the judgement may be as much as three times the loss. If I were you I would contact that attorney in the area of the rental unit. He could sort things out for you.

Good Luck

Wg

 

[HomeGuru]

Check your State Statutes with respect to return of tenant's security deposit. You may able to ask for 2-3 times the amount of the deposit in small claims court. Nail that sucker. Keep in mind that the security deposi was your money at all times, and not his. Therefore he is playing games by giving you a postdated check. The law is clear, as L must return the deposit by a specified time period. The law does not allow L to give a postdated check or a check that can not be cashed due to insufficient funds.

[Edited by HomeGuru on 11-24-2000 at 03:51 PM]

 

[ballard]

Thank you for your advice. I am taking action, but am new at this. Should I contact a private attorney or the D.A. How do you approach a lawyer without being being able to pay him/her except if you win?

 

[HomeGuru]

You will win on the security deposit issue and can ask the court to grant reasonable attorney's fees and court costs.

 

[Jack Mevorach, Esq.]

You can try to retain attorney on contingency basis. Or, as HomeGuru writes, you can see if an award of legal fees are available if you win, and offer the attorney that. Or, you can try a blended fee: flat fee plus one of the two above.