Can a landlord claim rent after you have left the property because the cheque written has expired?
My daughter was in rented accomodation and paid her rent monthly by cheque to the landlord. He didn’t cash one cheque and she has now moved to another property. He has found the uncashed cheque and is expecting her to issue another one as the first is out of date. Can he legally do this?
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Tags: Accomodation, Cheque, Landlord
rent property | , 15 Feb 10
By Dizzy_Lizzy, February 16, 2010 @ 10:10 am
I believe he can. If the check was never cashed, that rent was technically never paid and is still owed.
By Demo S, February 16, 2010 @ 10:52 pm
I would expect so.
Sort of shows how unorganized he is though. How can you loose a rent check, and then not even do anything about it, until it is expired.
Also shame on your daughter for not ‘noticing’ the rent never came out of her checking account. Any decent person would of asked what was up. Did she think that she was getting something for nothing?
By TheMom, February 18, 2010 @ 2:47 am
Of course, the money is still rightfully his. It was never removed from her account, she needs to write him a new check for it.
By Estrella, February 20, 2010 @ 4:16 am
I would think so because I once received an envelope, I never opened it and when I finally did I found out it was a check and it was expired.
I called the company and got them to send me another one.
By estielmo, February 20, 2010 @ 6:20 pm
She owes the money… he never cashed the check… so she should live free for that month?… at the VERY LEAST she morally owes it to him…