If I rent a storage shed and have been sending regular monthly payments, what is my obligation to issue a new check to replace a stale check?

They have not cashed a check for the past 4 months. Since my payments are sent via online bill pay, and a previously issued check was just refunded to my account and considered void after 90 days. Do I have to cut them a new check for this or is it on them because the checks say void after 90 days on them?

Asked on August 5, 2014 under Business Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, you do: otherwise, you will have missed a payment and will be in default of your obligations (breach of contract). Even if they were slow to deposit, you still have to pay all monthly charges (they have to get the money, that is). If there is some additional charge to you for doing this (some bank fee), they should bear that fee or cost--but it might well be more trouble than it is worth to make them do so.

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