Houston, TX asked in Consumer Law, Banking, Civil Rights and Landlord - Tenant for Louisiana

Q: If a bank placing a hold on my check causes me to be evicted do I have a case .

The bank my employer uses placed a hold on my check . The check isn’t clearing until the 3rd of June from what I’m told . My rent is due may 30th. If I become evicted do I have a case

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: If your eviction is directly caused by the bank placing a hold on your check, you might have a potential case. The key factors to consider include whether the bank followed proper procedures for holding the check and if they provided adequate notice of the hold. It's also important to examine the terms of your lease and whether your landlord provided any grace period for rent payments.

You would need to gather all relevant documentation, including the communication from the bank regarding the hold, your lease agreement, and any eviction notices from your landlord. Evidence of the hardship caused by the hold, such as correspondence with your landlord or attempts to resolve the issue, will also be crucial.

Consulting with a legal professional can help you understand your rights and the best course of action. They can provide guidance on whether the bank’s actions were legally justified and if you can seek compensation for the resulting damages. Your situation involves specific legal nuances that require careful consideration.

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