Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2007
    Posts
    5

    Default Renter Bounces Deposit, First, and Last Month Check

    State is Alaska

    I'm subletting my apartment (landlord is fine with it) fully furnished on a short-term (8 mo) lease.

    I asked for first, last and security deposit to cover damage to my furniture or the apartment.

    The person renting sent me a single deposit of $2,750 to cover the deposit ($750) and first and last month's rent. I deposited it, then she called me about a week later telling me she bounced the check.

    She had not yet moved in, but had sent boxes to the apartment (one with cat food coming out of it). There are no pets allowed and it was a big signal she probably had a cat too and wasn't going to tell me about it.

    I told her sorry, she could not move in. She was late getting me the check and bouncing it, regardless of whatever her problems are, shows me this will probably happen again and she's broken the agreement already. Plus the cat food thing was a big tip-off.

    This cost me a month rent because I was ready to move and now can't because I need to be here to rent it out.

    My question now that I've just got the check back - should I redeposit it, take a month's rent out and send her back the rest?

    It was my decision not to rent to her, but it was her decision to bounce the check...

    thanks

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

    Default Re: Renter Bounces Deposit, First, and Last Month Check

    I would be very wary of depositing the check. You create a context in which the tenant could claim that you accepted their tenancy. If you do decide to try it, at least call the bank first to make sure it will clear the second time around.

  3. #3
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Renter Bounces Deposit, First, and Last Month Check

    The prospective tenant is long gone.

    And she told me before I told her to hit the road and I wasn't renting to redeposit the check and take out any bank fees.

    My main question is do I have legal grounds to take any part of the money (assuming there is any) because she essentially breached the agreement by sending a bogus check?

    I could have rented to other tenants and turned other people down between the time she agreed to rent and the time i discovered the check was no good. (And I have proof of that.)

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Renter Bounces Deposit, First, and Last Month Check

    What does your written contract with this person say? If you don't have one, the judicious thing to do would be to sue in small claims court.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Landlord Agreed to Let Tenants Stay Past Lease (Month-To-Month), Won't Return Deposit
    By ddraholic in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-18-2011, 10:45 PM
  2. Rental Agreements: Renter Signed 12 Month Lease and Now Wants to Back Out
    By jakenjod in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-04-2011, 08:48 PM
  3. Eviction Notices: Sent Notice to Evict and Renter Paid but is Now Overdue for Next Month
    By artandtracy02 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-20-2010, 03:15 PM
  4. Repossession: Used Car Salesman Forges Check and Car Downpayment Check Bounces
    By snsimmons in forum Cars and Dealerships
    Replies: 1
    Last Post: 09-30-2008, 07:41 PM
  5. Security Deposits: Month-to-Month Agreement With Deposit Held If Not Rented For 12 Months
    By BusyMom214 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 02-18-2008, 08:37 AM
 
 
Sponsored Links

Legal Help, Information and Resources