What can I do if my renters haven’t deposited their deposit refund check?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if my renters haven’t deposited their deposit refund check?

My renters moved out 6 months ago but still haven’t cashed the check that I sent for a refund of 2k out of the 6k they gave as a deposit. They wrote me a letter back asking for picures and proof, etc. I wrote back and referenced our rental contract and offered free mediation through my town. The checks I sent

won’t be able to be cashed per my banks protocol after 6 months, so was wondering what my responsibility is after 6 months. I wrote them and asked them to cash the checks and said it didn’t mean they agreed with the deductions.

Asked on September 21, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If they ask for replacement checks after 6 months, you'd have to write them new ones, but could charge them any costs you incur in the process (e.g. if you have to put a formal stop payment on the old checks, to be *sure* they can't be honored), so you could debit those amounts from what you send them (send them a new letter, adding that cost to the other deductions). Your bank's policy on check's going "stale" does not obviate your obligation to return the deposit.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption