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storm965

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Posts: 2
Reply with quote  #1 

Here is the situation, this tenant owes me over $2000. However, during the time that I was trying to work with them they sent me signed checks with the amount of the money they were going to pay. In other words everything is in their handwriting. They skipped out, left furniture, house is a mess. Can I legally cash these checks? I have no official letter from them stating they were leaving? I do realize also that these checks may bounce. Please help!!![confused]

Leasing in Pennsylvania
ll

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Posts: 68
Reply with quote  #2 
Try calling the bank the checks were drawn on and asking them to verify that the funds are available to process these checks.  Why did you hold the checks?  Were they post dated?  Were they only partial payment and you were holding them to avoid stopping eviction process?   It is unlikely that the checks won't bounce but if they are written to you and the funds are in the account, and the tenants have left the unit, then go for it.  I would go to their bank to cash them so there is no time lag and you don't incur charges if they 'bounce' or the tenant stops payment.
storm965

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Posts: 2
Reply with quote  #3 
I didn't hold the checks. The deal was the checks were to be used when the next months rent was due, however the previous check bounced. She asked that I not cash those and she would give me a check for a lesser amount. A month later they moved out with no official letter stating they were moving, although we had discussed it because she stated she could no longer afford it because of child going to college. There was furniture left, repairs needed, and utilities run up. Do you still suggest I cash checks or go to small claims court?
ll

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Posts: 68
Reply with quote  #4 
If the tenant does owe you the money and has not asked for the checks back or notified you that they are  not valid, then document all the details and attempt to cash them.
ahkenaten

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Posts: 156
Reply with quote  #5 
ll is correct. As long as that was the agreement, you can attempt to cash them... but just make sure to get agreements like that written up and signed. But you'll probably have to take them to small claims court because I doubt they would still have money in the account knowing that you have the checks. Or they'll stop payment, so ll's suggestion of going to the bank is a good one. And if it works, then great! You'll be a luckier landlord than most...
dishrodger

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Posts: 314
Reply with quote  #6 
if they bounce you maybe able to take them to the DA for criminal charges
BritneyR

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Posts: 224
Reply with quote  #7 

I agree with the ahkenaten. Make sure you have all the written documents before you attempt to cash the checks.

 


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