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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33700
Experience:  Attorney for over 15 years, landlord 26 years
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I gave my landlord a personal check written out from my

Customer Question

i gave my landlord a personal check written out from my grandmother, i advised her to cash the check on the day i gave it to her, instead she deposited. By the time the check had reached my grandmothers bank, due to automatic payments withdrawn from the bank. my rent check was returned to to my landlord as an NSF check. According to my grandmother the check is gonna be good on the 29th of this month, keep in mind that the amount of the check is to cover partial june, july and net month aug. So we advised out landlord that the check will be good to cash on the 29th. She refuses to wait any more for the rent and asks us to move out immediately. Now she has given us an eviction letter dated on July 6, 2016.stating that we have 5 days to move out or to have payment in full, but since then we have given her my grandmothers check and advised her that the check is good to redeposit on July 29,2016. But she has still asked us to move out by tomorrow and it gives me not enough time to do this. Please tell me what are my rights or options at this point?
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 4 months ago.

Good morning. I certainly understand the situation and your concern. The landlord is entitled to the money/rent due, when owed. It is the responsibility of the tenant to make sure the funds are in the account and the check will clear. The landlord does not have to cash the check instead of depositing it or wait until a certain date to deposit it so it clears. If that was the issue, then cash should have been given to the landlord originally and a receipt could have been obtained. If the money is not paid, then the landlord can evict. I know this is not what you were hoping to hear but the landlord must have the rent when owed and if not, can take action.

Customer: replied 4 months ago.
my only option is to move out today, and basically i have no rights, wow! I thought with all this tenant/landlord section that there would be more options to my situations but i guess not. Thanks why do you even have a section if i have no rights . thanks a lot i definitely won't be asking or referring any one to this site. Thanks again for such a supportive answer that i actually paid you for what a waste!!!
Expert:  barristerinky replied 4 months ago.

Hello Nicole,

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Are you still looking for help with your question as I believe I have some useful information for you if you can tell me what state you are in?

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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