Can I cash a partial return of security deposit check and stillsue in small claims court?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I cash a partial return of security deposit check and stillsue in small claims court?
My landlord gave me check for $900 with the endorsment “final deposit return” on it. He sent it after the 45 day deadline as well with a list of bogus damages and no receipts. I am owed the remaing balance of $300. I have sent him a letter disputing the amount he has returned to me. Can I cash the check and still sue him in small claims court for the remaining balance of $300?
Asked on October 5, 2010 under Real Estate Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you may cash the check and sue for the disputed amount. It is a misconception--though admittedly, a common one--that one party's unilateral writing of "paid in full" or "final deposit return" on a check has any legal effect whatsoever when there is an outstanding debt. In a situation where you would be owed AT LEAST the $900--neither you nor the landlord dispute that at least that amount is owed--you can cash the check while continuing to pursue any disputed amounts. For a balance of $300, small claims court would be the correct venue to pursue the additional money. Obviously, you should muster any evidence of your own that the damages are "bogus"--pictures, for example; other witnesses you could bring in; or any evidence that the amounts charged to remediate are too high for what was allegedly done (e.g. other estimates for like repairs).
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.