Q: If a rent check doesn't cash at the bank, i.e. deposited, but doesn't bounce, who's responsible?
My landlord deposited a check back in September for that month's rent, but their bank never cleared it. The money never came out of my account, but the neither did the check itself bounce. They are currently shaking me down for that money and I don't have it. Am I responsible for that money even though their bank didn't process my check? They have deposit slips from their bank and I had called and asked about it later that same month that I gave it to them because the money hadn't come out yet. What, if any, are my rights?
A: If the bank didn't deduct the rent from your account, then there should be funds there to write landlord a new check. If landlord doesn't get the rent, then landlord could try to evict you for non-payment of rent. The court might say that the problem is with the landlord's bank and is landlord's problem, and refuse to evict you. But the court could say that you had an obligation to pay the rent when you found out the bank error, and the court could evict you. Try to work it out with landlord by paying a few extra dollars each month until you are caught up. Or use the Find a Lawyer tab to retain a local attorney to assist you.
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