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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
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Experience:  Attorney
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Can I cash my security deposit from a house I was renting

Customer Question

Can I cash my security deposit from a house I was renting even if I'm thinking about taking them to small claims court ?
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today.

You're allowed to cash the check as long as it doesn't contain any language on the memo line or in an attached letter that affects your ability to sue. Examples of that language would be "Paid in full," "Full and final payment," or if they sent the check with a letter that said something like "Cashing this check constitutes an agreement that this amount is all that is owed, and you agree not to sue for any additional amount outstanding." That type of language isn't all that common, but check to be sure. Without that type of language, you can cash the check and then sue for the amounts withheld, plus the filing fee.

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Expert:  Lucy, Esq. replied 11 months ago.

Did you have any other questions about this?

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