Staten Island, NY asked in Real Estate Law and Landlord - Tenant for New York

Q: As a Landlord can I submit a bounced rent check intended for a previous month to cover money currently owed by tenant?

As a landlord, my tenant owes me money for a months rent and refuses to pay. I sold the property but tenant still resides in the residence with new landlord. Money for 1 month rent was owed to me before selling property. Tenant had given me a check that bounced intended for a previous month. Tenant paid for that month where check bounced by another means (received gov't assistance) but I still have that bounced check from that month. Can I use that bounced check that was meant for a previous month to try to cover the other month of rent that is owed to me? Thanks for the help

1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Licensed in New York

A: You may try to deposit the check again. Be aware that the Uniform Commercial Code permits a bank to refuse to honor a check more than 6 months old, so that’s another issue to consider. Of course if you try to deposit and the check is dishonored again, you will have to pay the fees to the bank a second time. It’s up to you if you want to take the risk.

1 user found this answer helpful

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