Thursday, December 8, 2011

Are renters allowed to deposit your rent check before the first of the month?

The last two months I've handed in my rent check for the upcoming month, to have it withdrawn from my account, this last time, a week before the first of the month which is when rent is due. Is this allowed? Are renters allowed to cash your check before it's even due?|||Of course the landlord can cash the check before rent is due. Ever heard of paying a bill before it's due? I hope you are not handing your landlord checks when the funds aren't available. Writing a check knowing that the funds are not available at the time you write the check is illegal,'





BTW you are the renter. The person you are handing the check to is not.|||Legally, the landlord can cash/deposit the check as soon as he receives it.|||When you write a check you are assuring the recipient that the money is available, so yes they can deposit the check right away.|||Yeah, the check can be deposited. Keep in mind checks usually take a couple days to clear. If you want to hand it in early but don't want it taken to the bank before the 1st, have you thought about writing postdated checks? Your landlord may not be willing to accept a postdated check but I think most landlords would not deny it if you have a good history of paying.|||are you dating the check for the 1st of the month? if yes, then I don;t understand why the bank would cash a check before the date it is written.





if you are dating the check the day you are writing it, then it can be deposited as soon as the landlord receives it - start putting the 1st of the month's date on your checks and highlighting in neon orange highlighter pen|||Of course they can deposit it, if you send it early. Do you somehow think that landlords just sit on all those checks and deposit them on the first of the month ??? Oh Di Mama.|||If you are dating the cheque with say - todays date, of course he can cash it.


By dating it today, you are certifying that there are funds there currently to cover it.





If you are dating the cheque with the date the rent is due (say the 1st for example) it shouldn't be cashed until then. If the bank is cashing it prior to the post-date, they are responsible for any problems that arise (i.e. NSF). This happened to my brother. The bank admitted their error and reversed charges to him





Someone else mentioned highlighting the date - which is a good idea.|||First, it's illegal to write a check when there aren't funds to cover it. The only reason to post date a check is, usually, because there's no money in the account. BAD idea.





Second, you can put whatever date you want to on the check,





UCC 3-113. DATE OF INSTRUMENT.


(a) An instrument may be antedated or postdated. The date stated determines the time of


payment if the instrument is payable at a fixed period after date. Except as provided in Section


4-401(c), an instrument payable on demand is not payable before the date of the instrument.





HOWEVER, the bank CAN process it and deliver the funds unless you specifically notify them.





UCC 4-401. WHEN BANK MAY CHARGE CUSTOMER'S ACCOUNT.


(c) A bank may charge against the account of a customer a check that is otherwise properly


payable from the account, even though payment was made before the date of the check, unless


the customer has given notice to the bank of the postdating describing the check with reasonable


certainty.

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