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Can a Landlord Cash a Check for a Holding Deposit Before You Move In

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  • 01-31-2016, 03:09 AM
    Sillysan
    Can a Landlord Cash a Check for a Holding Deposit Before You Move In
    My question involves landlord-tenant law in the State of: California
    I'm moving in to a new apartment I told the landlord I would move in on the 8th of February so know she is wanting a 500 hundred dollar deposit for a hold on the unit she said would go towards the rent. Can she cash the check before I move in .
  • 01-31-2016, 03:49 AM
    Catmad
    Re: Deposit for Holding an Apartment
    Is the deposit refundable? I would think that yes, she can cash it, but if refundable needs to keep the funds available.
  • 01-31-2016, 07:36 AM
    Mr. Knowitall
    Re: Deposit for Holding an Apartment
    Yes, absolutely she can cash the check -- and if it bounces, she can and presumably will tell you that she's no longer interested in having you as a tenant.
  • 01-31-2016, 07:44 AM
    adjusterjack
    Re: Can a Landlord Cash a Check for a Holding Deposit Before You Move In
    Quote:

    Quoting Sillysan
    View Post
    My question involves landlord-tenant law in the State of: California
    I'm moving in to a new apartment I told the landlord I would move in on the 8th of February so know she is wanting a 500 hundred dollar deposit for a hold on the unit she said would go towards the rent. Can she cash the check before I move in .

    Yes.

    Get the agreement in writing, read it, understand it, keep a copy.

    If you renege and don't take the apartment she has a right to apply part of the deposit to the time it takes her to find another tenant, so you might not get it all back.
  • 01-31-2016, 08:20 AM
    flyingron
    Re: Can a Landlord Cash a Check for a Holding Deposit Before You Move In
    They can cash it the moment you had it over to them. What would be the point of a such a check if they don't cash it?
  • 01-31-2016, 08:58 AM
    Sillysan
    Re: Deposit for Holding an Apartment
    She said the deposit will go towards the rent when we move in. I told her since I wasn't going to move in until the 12th the earliest the money would be available is the 5th I'm still responsible to pay for the unit I'm still in.

    She said the reason she wants it is to make sure I don't flake on her and if u do she can use that money to make up for lost rent.
  • 01-31-2016, 09:22 AM
    adjusterjack
    Re: Deposit for Holding an Apartment
    DON'T WRITE THE CHECK if you don't have the money in the bank to cover it.

    Very dangerous.

    She will cash it (I sure would) it will bounce and you will be subject to the penalties of your state's bad check laws.

    If you don't have the money until the 5th then don't arrange for the rental until the 5th.
  • 01-31-2016, 10:18 AM
    flyingron
    Re: Deposit for Holding an Apartment
    In addition, your bank will probably ream you on the fee for bouncing the check AND the landlord will probably want the fee THEIR bank charged them.

    While she said the deposit would APPLY to the rent, it's pointless to take a check and not cash it. The point of the deposit is to have something in hand in case you decide to bail on taking the unit for whatever reason.
  • 01-31-2016, 11:24 AM
    Mr. Knowitall
    Re: Deposit for Holding an Apartment
    Quote:

    Quoting Sillysan
    View Post
    She said the deposit will go towards the rent when we move in. I told her since I wasn't going to move in until the 12th the earliest the money would be available is the 5th I'm still responsible to pay for the unit I'm still in.

    If you gave your potential landlord a post-dated check and she agreed not to deposit it until the agreed date, then odds are she's going to do what she agreed to do. But there's always the chance that she'll remember the discussion differently, or deposit the check anyway.
  • 01-31-2016, 07:44 PM
    Sillysan
    Re: Deposit for Holding an Apartment
    Thank you all for your feedback I really appreciate it. Although I told her the funds would not be available until the fifth she is still insisting on the deposit to hold the unit with the explanation of if you don't move in I cash your check to cover the days it stayed vacant. I think I'm just going to walk away from this one.
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