 My roommate signed a lease and now is not moving in am I suck with all the rent? |
| A friend and I were going to move in together for a year to save money. She saw the place and signed the lease. I'm sober and she decided to go back out and not move in. Can she ditch her lease? ... |
|
 How can I get my inheritance early? |
| I am set to inherit £30k from the sale of my grandmothers house when she dies. Is there anyway that she can release the money now while shes still alive (just my share, not the other £200k) so that ... |
|
 Can an owner legally do this? |
| Back in July '07 we expanded our business and moved into a building with a car wash and our coffeeshop in one corner of the building. We overpay for the small space we have and our lease is up ... |
|
 How do I sell my house quickly? |
| I have already moved and need to sell my house really fast. I need to sell it qucikly and with very little interaction because I live several miles away. What is the quickest way to do so with out ... |
|
 What is 2.1 bathrooms? |
In a Real Estate Listing what is 2.1 bathrooms?
I understand the bath, half bath, and 3/4 bath, but i am at a loss for the 2.1 baths.
Additional Details
I don't think it is a ... |
|
 What do I do if I want to buy a house, but I can't prove my source of income? |
| I'm a freelance Web Designer. How do I legally get proof of income? The only savings that I have is the money that's going to go to the deposit, so my bank statements could be useless, or ... |
|
 How do I get out of a prepayment penalty on my mortgage? |
| I have a mortgage with Countrywide and it has a 3 year prepayment penalty. I am in year 2 now and is there any way to get out of it?... |
|
 I need to move and find a roommate, how scared should i be? |
| i am looking for an apartment/town house/condo but i can't afford something on my own and i need a roommate. where can i find one that wont steal my stuff and or stab me in my sleep?... |
|
 Should we buy a house now or wait until I graduate? |
| I graduate in a 2010 from nursing school. We are currently renting. Will the real estate market still be a buyers market? Should we settle for buying a smaller home or wait until we can afford a ... |
|
 I want to sell my house and rent. Where do I take my proceeds check since banks insure only to $100K? |
| I'll get a check for about $350K. I'm not sure what to do with such a big check when they hand it to me. Go to the bank? Go to a mutual fund office like Fidelity? Go to a brokerage house? A... |
|
 What is a person who sells houses called? i cant find it on the internet anywhere!? |
| all i could find on the internet was Real estate and nothing else; it kept giving me definitions of real ... |
|
 My tenant is not paying the rent, what do? |
| hasnt payed it yet and it goes on each month until we call her and keep asking. she is getting help from another agency to pay off her bills and wants me to sign and fax a lot of forms so she can ... |
|
 Do I have to have a good reason to kick out a subletted roommate? |
| So this is a long one. My friend and I moved into this apartment about 6 months ago. About a month after she signed a lease, she decided that she couldnt pay rent anymore, so she subletted to this ... |
|
 How can I make my house look cheaper to a person who is appraising my house? |
I need to make our house look cheaper to an appraiser. I'm trying to help my mom because if we dont and the house is appraised highly my dad can get a LOT of our money. :(
So far we ... |
|
 Is it the responsibility of the landlord to provide a phoneline? |
| At the viewing the agent could not say whether or not there was a phoneline. I now find there isn't one. I need the internet at the property in order to do my job. It will cost substantially to ... |
|
 100% mortgage??? |
| I earn enough money to paid a mortgage monthly but I have not got the money for a deposit and by bank will only lend me 4 times my salary which is not enough to buy a house. Can i get a mortgage for ... |
|
|  |
jmstein1979 | Who's responsible for cashing a post-dated check early? |
I wrote a check to my landlord and said if he could hold it till the 22nd and also included a letter with the check and they cashed it early no I have tons of insufficent fund fees whos responsible for all the fees me or him or the bank |
 |
 
SantaBud
 |
It IS all your responsibility........tho people often do it for convenience, it's against the law to write a post dated check. |
|
nanawnuts
|
It has been my experience that the bank is responsible for cashing a check too early. They owe you any overage charges that they tacked on. Your landlord is at fault too. He knew the check was post dated. Next time, seriously, use a highlighter at the date line. It will draw the cashier's eye to the date and prevent all of the drama you are going through now. So sorry this happened to you. Good luck and Merry Christmas. Nana |
|
?
|
you, you wrote the check |
|
stepup1895
 |
It's a communication problem that needs to be sorted out. But you should never write post-dated checks to people you can't trust.
Don't tempt them. |
|
trblmkr30
|
Unfortunately, you are responsible. It is not the landlord's responsibility to hold the check, nor the bank's responsibility to wait until you have funds in your account.
You wouldn't expect the landlord to wait to deposit cash into his/her account once you've given it to them, would you? When you write a check, you need to remember that it's as if you gave them cash. |
|
Sonora M
 |
Unfortunately, to the bank, you are responsible.
You can take your landlord to small claims court to recover your losses. |
|
Mr. Right
|
Your letter of request means nothing. If your check was post dated and the bank cashed it, the bank is responsible. |
|
BoomChikkaBoom
 |
You are responsible for all the fees.
Never give someone a postdated check without an agreement signed by both parties in place because otherwise there is nothing to stop them from depositing it early.
FYI, postdating a check is NOT "illegal". Section 4-401 of the Uniform Commercial Code goes into great detail about the notification procedure for writing a postdated check. If you had followed the procedure, your bank would have been liable for the overdraft charges. |
|
donnabellekc
|
Unfortunately, you are. You MAY be able to recover some of the fees, etc. by going to small claims court. Banks are never required to hold a post dated check UNLESS you tell them beforehand. Im sorry for your problems. It's also worth a try to talk to the bank. |
|
tristanrobin
|
shoulda ... woulda ... coulda
sorry - I know it's not what you want to hear - but it's TOTALLY your responsibility.
It's illegal to postdate a check. Nobody is going to compensate you for doing something against the law. It's like asking somebody to compensate you for twisting your ankle while you were vandalizing their property.
I see a lot of answers above saying that it should be the bank's responsibility - or the landlord's. And, if the laws were fair, they might be. But, they, like life, isn't always fair.
You've learned an expensive lesson. I have had people give me postdated checks - and I've always accepted them and not deposited them until the posted date. But I've always been aware that I'm doing it as a favor, not as a requirement.
Sorry. |
|
Judy1
|
Most places it's not legal to post-date a check, so the person who wrote it is responsible. |
|
scorpion71166
|
Dear Reader,
Ordinarily, a check is to be good on the date it is written. "Kiting a check" refers to writing a check on an account on insufficient funds and dating it for the day it was written, knowing that when it hits the funds will be there. We all do it, but your case is different. A check is a promise to pay, not payment. In this case you made a promise to pay a certain sum of money on a future date-stated on the check. The bank should not have honored the check. The landlord is in violation of the law for depositing it. You are in the drivers seat on this one, so give them both hell. Your post dated check was a promise he accepted. You said "I will pay you with this check on this date" and he took it. The bank accepted it today for a check that was dated in the future. Dumb teller and evil Landlord. |
|
jdizza78
|
Technically you are responsible. It was made illegal to post date or "float" a check about two years ago. If you fight this and the bank wants to fight back you can get in trouble. You cannot post date checks anymore. |
|
Mariposa
 |
The person who wrote the check. The bank will tell you they don't have to wait to cash a post-dated check. The date is used as a reference and it is only courteous for them not to cash it early. |
|
St N
 |
If you dated the cheque for the 22nd then the bank should not have cashed it before then. If, on the other hand, you dated the cheque for when you gave it to the landlord, then he is entitled to cash it immediately, even if you asked him wait. There is a further complication in that if you knew there would be insufficient funds to cover the cheque when you issued it then you could be accused of fraud. Unless you have access to a very good lawyer, you should accept the NSF fees and take the lesson learned.
Sorry for a crappy answer, but that's the way I see it. |
|
ngo
 |
you are Sorry |
|
Tracie
 |
THE BANK SHOULD NOT HAVE ACCEPTED IT AND YOUR LANDLORD SHOULD HAVE WAITED, BUT IT IS THE BANKS FAULT. |
|
Maninblack
|
dunno |
|
Ultimate Guitar Hero!
|
Its illegal to write a post-dated checks. |
|
| |
|
| | |
| Questions List |
Answers | Last Post
| | | |
19 | 33 minutes(s) ago
| | | |
19 | 36 minutes(s) ago
| | | |
19 | 41 minutes(s) ago
| | | |
19 | 3 hour(s) ago
| | | |
19 | 8 hour(s) ago
| | | |
19 | 9 hour(s) ago
| | | |
19 | 10 hour(s) ago
| | | |
19 | 11 hour(s) ago
| | | |
19 | 2 day(s) ago
| | | |
19 | 6 day(s) ago
| |
|
Homepage 
Financial
Forum 
Renting & Real Estate 
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
