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I subumitted a letter to my landlord of unhibability due to

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I subumitted a letter to my landlord of unhibability due to a high conect of toxic mold which was tested by a environmental company. I moved out ut my landlord not only charged me for the final months rent but a $100 late charge on top. I plan on taking him to court over this. Thecheck I did recieve of my deposit was $1,500 short because of bogus charges like the rent charge. Should i deposit this check or does that have some kind of implications that if I cash it I am accepting this amount as correct.
Submitted: 4 years ago.
Category: Consumer Protection Law
Expert:  Steinlaw replied 4 years ago.
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Steinlaw :

Does the check say "full and final payment" or have anything written in the memo section?

Steinlaw, Lawyer
Satisfied Customers: 1811
Experience: Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
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Expert:  Steinlaw replied 4 years ago.
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Expert:  Steinlaw replied 4 years ago.
Please let me know if the check says anything in the memo section.
Customer: replied 4 years ago.
the check has nothing written in the memo. Its completly blank. There was a letter that stated what the payment was for. Incidently he charged me for a full months rent when our lease was actualy only for 28 days.
Expert:  Steinlaw replied 4 years ago.
With nothing written in the memo section, you can cash the check. It will be an offset against any judgment you win. So, if your judgment is for $3,000 and he paid you $1,000, then he would owe you another $2,000. Remember, in CA, you are entitled to treble damages (3x) for wrongfully withholding your security deposit.
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Experience: Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney
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Consumer law attorney, author of California Debt Blog, Businessweek.com top foreclosure attorney