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  1. #1
    Join Date
    Oct 2006
    Posts
    1

    Default Tenant overpaid rent

    I'm not too worried about this one, but thought I would do some quick research and found this forum.

    I received rents today from my rental, and the check was $110 over. So I called and she said she doesn't know what she was thinking and it was a mistake and that she'd get a correct check right out to me. But it sounded a little rehearsed. So right now, I guess I'm leaving it for what it is, and assuming that she was going to be a little late on having rent and did this instead of asking to be late or paying penalty. But I'm wondering if she was thinking about the urban-myth of overpaying a speeding ticket so the court can't cash it or fine you. I'm also wondering what would have happened if I had cashed it, I'm guess she wouldn't have had the extra funds and it would have bounced, but would that have caused any legal problems for me?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant overpaid rent

    You should be clear with your tenant that, as they do not wish for you to deposit the check, if you don't receive a correct payment on time late fees will become due as set forth in the lease. You can also indicate that there is only a small chance that you'll notice this type of error, so in the future if they overpay they should expect that their check will be deposited and that, unless they request otherwise, the overpayment will be applied to the next month's rent.

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