Am I legally responsible if I sent my landlord a check for the rent but they don't cash it?
I am renting a family owned property, and the landlord is the mother of the person who manages the property and I have to send a check for the rent in the mail every month to the mother. I sent a check at the end of May for June rent payment, and a few days ago I noticed that the money for the rent was still in my bank account and had not been pulled out as it would when the check had been cashed. At this point I contacted the property manager, who determined that her mother had received the check, but she was in Florida and had not cashed it but they told her to cash it. However, I checked my bank account again today, and the rent money is still in my account. Moreover, there has been at least one instance in the past where I sent the check and it had not been cashed after so long and they did not cash it until after I reminded the property manager that it had not been cashed. So my question is simply can I be held legally responsible for not paying the rent if I told the property manager that I sent the rent check and she confirmed that it had been received but it never got cashed? I don't know if they will end up cashing it or trying to cash it later this month, but what happens after this month is over and I have to send a new rent check? Could they still try to cash the old check at that point and would I still be responsible?
Keep in mind that I messaged the property manager on facebook asking her if the check was received and have their response in writing in facebook messenger. If necessary I can save or make a copy of this, but I would need to know how to go about doing this.
- FlowerLv 76 months ago
A check is good for six months or a year. There is no requirement landlord must cash a check right away. If he goes to cash it and the money isnt there because you think he waited too long, you can be evicted. Leave enough money in your account to cover the check up to a year. Of course you have to cover all checks no matter when he presents them for payment.
- SlumlordLv 76 months ago
Yes, you still need to send the rent. It sounds like a one-time fluke that they didn't cash this check yet but you can expect they'll usually cash them quicker and if they don't get a check for a month they'll still evict you, eventually.
- Beverly SLv 76 months ago
If they don't cash it you still owe it. You can't live there for free.. so I would just treat it as if it's been cashed.
- 6 months ago
You are legally responsible to pay the rent. If they hold the check, then the rent is paid. If they go to cash it and it's no good, you still owe.
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- LollyLv 76 months ago
You would have to put a stop payment on the first check. They could cash both accidentally, and it sounds as if they are disorganized enough to do that.
When you send the 2nd check in, put a post-it note "replaces check #______" on the check.
- Anonymous6 months ago
I think I would ask to change my payment method to an online payment. We call them 'standing orders' in the UK. That way she gets the money without having to physically take the check to a bank and you have a record of payment.
- A HunchLv 76 months ago
Unless your check has an expiration date printed on it, it's valid for a period of no less than 6 months. Some banks will even cash it up to 12 months.
Do not spend the money! You owe the rent. Even if she loses the check on her vacation in Florida, you still owe the money.
- JudyLv 76 months ago
Of COURSE they can cash both checks - they're for rent for different months and you owe both..
- SimplytheFACTSLv 76 months ago
if her mother is in florida, does that mean she is not home to cash the check?
no you can't be held responsible for not paying rent, they have the check...as long as you leave money in your account for when they do cash it.
if for some reason they end up saying they don't have the check, you would get a cure or quit notice in most US states and could put a stop payment on the old check and write a new one....and decide if you want to fight over the fee for the stopped check.
of course they can cash the check next month. checks are good for 3 to 12 months..i think 6 months is most common, depending on bank policy
- NeverLv 76 months ago
You don't get out of paying it, I know that much. But you should not be charged a late fee.