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(UK)... |
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samueltower | Can a landlord hold a final rent check for 6 weeks before cashing it? |
Same Landlord, new problem: It is 6 weeks after I have written him a check for my last months rent. it is 15 days since I was oficially out of the residence. He has fialed to cash my rent check and he refuses to tel lme why. He also refuses to send me my refund on the deposit unless and until the check clears. He threatened to keep "the money" (deposit) if the check does not clear, if I harass him about ANYTHING, or if I don't stop "playing f***ing games" by aski him questions I feel I deserve an answer to. What is the legality of this? |
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pepper
|
It's his check. As long as he cashes it before it becomes stale-dated there's nothing wrong with it - nothing illegal about it. |
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Willy B
 |
I say put him in the camel clutch and make him humble in the old country way!
And you know who this is on answering this question! |
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lvillejj
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No don't even touch that money in your account, it is still his. Nothing you can do about it unless you want a bad check to go through. |
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Gerald
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If he wants to be a Bevis and Butt Head-- stop payment of the check... Wants to keep the damage deposit -- you and he had better done a walk thru and wrote down the damage that was done... No damage he cannot keep the damage deposit-- even if you did not pay the rent...
Judge Joe Brown -- Judge Judy -- Judge Marilyn are all small claims... That is where you go and bring suit on the Bastard to court... He thinks you will not fight back.. When Pigs Fly... |
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stward101
|
Most local laws require that a landlord return your deposit within 60 days of vacating a rental, so you may have a few weeks left to wait. Why are you bugging him now? What are you asking him? Sounds like he's just a jerk and dragging his feet to irritate you. And it's working. His behavior is non-businesslike. Make sure you can prove that you sent the check on time. I would take him to small claims court if he doesn't fork over the deposit within 60 days. Be fair, but don't let someone keep your money. |
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mykitty61
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He can hold the check as long as he wants, but I believe he only has a certain amount of time to give you your deposit back. I'm not sure how long he has , you should check the laws in your state. |
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DMG
|
First of all I don't think he can legally hold your deposit beyond a certain time frame. Check with the locality in which you lived to find out how much time he has to return your deposit and let him know you know the ropes. Secondly, he can hold your rent check until it is stale dated. Confirm with your bank what the length of time is for stale dated checks. Once the check is stale dated, if he still has not cashed it, place a stop payment on the check. If you don't put on a stop payment and he deposits it, it may still clear if it is processed in the automated back office operations of the bank. Needless to say this could cause you big headaches and a lot of time. Paying for the stop payment is worth avoiding the troubles.
I have a feeling once he finds out you know the time frame in which he must return your deposit you will quickly find your rent check deposited. |
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Tom K
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Generally, a check is no good once 180 days pass. After that, he will still owe you the security deposit and can't cash the check. |
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EmeraldIsle
 |
Relax, the landlord obviously has your number and is enjoying watching you sweat. The landlord can keep the check as long as he wants (up to a year and after that most banks won't accept it), but of course in doing so, he doesn't get the money. He could merely destroy the check and keep your security deposit which he may well do. Or, he could deposit your check and not return your security deposit. Is it legal? Well, let's just say that if I were you, I would wash my hands of it. Believe me, fighting this guy will only cause you more angst and possibly cost you more money, and it will give him great satisfaction. As for laws pertaining to this there are a whole bunch of them and they vary from state to state, but landlords (and tenants) routinely side-step the law. You have given him your final month's rent so you are square with him. I do hope you got a receipt or kept a copy of the check. |
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Patrick
|
It's time to head to court.
Under Nevada law the landlord has 30 days to return your deposit to you or to provide you with an itemized listing of what the security deposit was used for. Since you have received neither you are allowed to sue him for twice the amount of the security deposit. Courts are usually pretty strict on the return of the security deposit and will enforce the extra payment amount. They don't like landlords who don't follow the rules.
Just to make sure you have a paper trail I would send him a letter via certified mail that he must sign for. In this letter I would tell him that per the previous phone conversations you had with him you have still not received the return of the security deposit.
If you do end up having to sue him you will need some type of receipt that you actually paid the money to him.
Below are some links to information on security deposits for Nevada.
http://www.rentlaw.com/dep/nvdeposit.htm
I'm not sure what county in NV you are in but this link has information and legal recommendations about suing for twice the amount.
http://www.washoecounty.us/file_push.php?file_choice=8219&PHPSESSID=db3ab3e0b07b8fa61c0597e3c634c715
Good luck with it all! |
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skiingstowe
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Hi,
The check could be good for up to a year, so I'd stop calling him. The deposit on the other hand may have to be returned within a given number of days depending on the laws in your state. You'd have to check into those yourself. These can be found at you local Library. I don't think he/she is playing games, but I am sure he wants your check to clear. On another note, sometimes it takes a couple of months to see if utilities have not been paid, and the Landlord may get stuck paying those, so maybe that's why he's waiting? |
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MissKathleen
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It's his check. He can sit on it until it's stale dated and there's nothing you can do about it. He owes you your deposit though. You can file a complaint about the deposit, as he is not allowed to keep that. |
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perfectlybaked
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Checks expire in 90 days don't they? So, the answer would be 'no.' If he needs a new one, I think you can legally fine him for replacement of the check, but I'm not sure. Anyway, renting is and has always been a pain in the rear. |
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