Landlord wants me to pay for checks that came back to her because of a late payment
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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
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.