What chatges are allowed charges concerning a returned for insufficient funds rent check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What chatges are allowed charges concerning a returned for insufficient funds rent check?
Asked on October 16, 2011 under Real Estate Law, North Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Custom and practice in the rental industry in this country with respect to allowable charges concerning a check returned due to insufficient funds is the amount that the bank charged the the payee along with the amount of the check.
However, many states such as California have statutes allowing the above but also a penalty upon the payor (maker of the check) of three times the amount of the dishonored check up to the total amount of five-hundred dollars ($500.00).
However to get such a penalty the payee typically has to file a small claims action against the maker of the check, go to trial and obtain a judgment.
In your situation, I would offer to pay the amount of the check and the bank service fee to the landlord and hope that resolves the situation.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.