Can my old landlord come to me a year after I moved out and tell me he forgot to cash an old check and now I have to pay him that money?

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Can my old landlord come to me a year after I moved out and tell me he forgot to cash an old check and now I have to pay him that money?

I had put a stop on the check because it was a year later and he never cashed the check.

Asked on April 12, 2012 under Real Estate Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is nothing legally stopping your former landlord for asking for a new check to replace an old check for presumed rent that he forgot to cash. Legally, you have not actually been charged for the payment and the landlord is legally entitled to a new check for the rent.

I suggest that you pay the landlord what you made out the check that you cancelled for less the stop payment fee. You had a year's worth of free interest in the money.


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