Landlord wants me to pay for checks that came back to her because of a late payment

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Landlord wants me to pay for checks that came back to her because of a late payment

I deposited money in my checking account to cover a rent check ($1,800.00). My bank released $800.00 and put $1,000.00 on hold for 7 days which caused my rent check to bounce. I immediately redeposited and all was fine, but this caused the landlord to bounce 3 checks and fees totaling over $250.00. I assume I should be responsible for my check but am I liable for all of her’s? is my bank liable for sending the check back knowing the money was in the account and waiting to clear?

Asked on July 1, 2009 under Real Estate Law, Illinois

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not an Illinois lawyer.  But based on the law in general, it sounds like you're only liable your landlord's bank charges on your bounced check, not on the ones she wrote.  She might be able to add something to that for "administrative expense" or not, or that might be limited, under the law of your state.  I doubt, though, that you can get anywhere with your bank about that end of the transaction.

For advice that you can rely on, based on all of the facts, you need to talk to an attorney in your area.  One place to find a lawyer is our website, http://attorneypages.com


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