Results 1 to 8 of 8
  1. #1
    Join Date
    Feb 2009
    Posts
    4

    Default Cashed Check Before Signing Lease

    My question involves landlord-tenant law in the State of: Tenn.

    Hello, Ok my question is can they cash this check.

    On wed we saw a house we like and was going to rent this house, The lady said She was going to keep showing the house till we gave her the deposit. So we gave her the deposit, A check , with the understanding that she cant deposit it before we sign the lease. She said she would have the lease on Friday. Friday comes and she said she had been busy and that it would be Tue or Wed. Well friday we decided to check on a different house, liked it and sign a lease for that house, call the first lady back and told here we had changed our mind, she then Cashed the check that said on it , For deposit.
    Does she have the right to keep the money. Would a court oder her too give it back.

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Cashed Check Before Signing Lease

    Quote Quoting squills
    View Post
    My question involves landlord-tenant law in the State of: Tenn.

    Hello, Ok my question is can they cash this check.

    On wed we saw a house we like and was going to rent this house, The lady said She was going to keep showing the house till we gave her the deposit. So we gave her the deposit, A check , with the understanding that she cant deposit it before we sign the lease. She said she would have the lease on Friday. Friday comes and she said she had been busy and that it would be Tue or Wed. Well friday we decided to check on a different house, liked it and sign a lease for that house, call the first lady back and told here we had changed our mind, she then Cashed the check that said on it , For deposit.
    Does she have the right to keep the money. Would a court oder her too give it back.

    When you give a check to someone it is due and payable. By law the person can cash it unless you place a STOP PAYMENT on it for a valid reason.

  3. #3
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Cashed Check Before Signing Lease

    I know she can cash it, But can she keep it? When the check was post dated for that friday (when we were spose to sign the lease). And we did put a stop on the check and she had cashed it one min after the stop was put in, bank said that it did not have enough time for the stop to go throw the system before she cashed it. Also what if I wold not of agreed to the lease. Would she still be able to keep the deposit? Trust me lesson learn but now I want my money back.. also it was only two days before we changed our mind. Not like it was month then we changed our mind? So anyhow can she keep the money ? Is there a law that would help us get it back?
    Thanks
    Squills

  4. #4
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Cashed Check Before Signing Lease

    Do you have anything signed at all? I would take the landlord to small claims court and demand the money back. Let the judge decide, you only have what to gain at this point and nothing to lose.

  5. #5
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Cashed Check Before Signing Lease

    No did not sign anything, Know of any case or law that would help us get this money back?

  6. #6
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Cashed Check Before Signing Lease

    Quote Quoting squills
    View Post
    No did not sign anything
    You do not state the amount involved here. It most probably would be a small claims issue and let the judge decide. From the way you explain it you should prevail but again there are two sides to every story.

  7. #7
    Join Date
    Feb 2009
    Posts
    4

    Default Re: Cashed Check Before Signing Lease

    The amount was 1500 + 300 pet deposit, so 1800.00 total. And yes there is two sides, and I am afraid of what she will come up with... also now that she cashed it does that mean she has to let me rent? and one more question if you dont mind, This woman seams a little crazy and she has my personal information (from credit report) Is there anyway to get this back? Does that have to go throw court too?
    cheers
    Squills
    “You can't legislate intelligence and common sense into people”

  8. #8
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Cashed Check Before Signing Lease

    Quote Quoting squills
    View Post
    The amount was 1500 + 300 pet deposit, so 1800.00 total. And yes there is two sides, and I am afraid of what she will come up with... also now that she cashed it does that mean she has to let me rent? and one more question if you dont mind, This woman seams a little crazy and she has my personal information (from credit report) Is there anyway to get this back? Does that have to go throw court too?
    cheers
    Squills
    “You can't legislate intelligence and common sense into people”
    I do not see how she can keep it without a signed lease, you should send her a certified letter demanding the return of the money in 48 hours or you will take her to court.

    I would suggest you contact the credit bureaus and place a BLOCK on your credit files

    1. Sponsored Links
       

Similar Threads

  1. Banking: Stop Payment Check Cashed by Check Cashing Company
    By dms in forum Personal Finance And Investment Law
    Replies: 1
    Last Post: 11-16-2009, 11:36 AM
  2. Fraud: Somebody Cashed My Check
    By schst415 in forum Criminal Charges
    Replies: 1
    Last Post: 08-26-2009, 01:38 PM
  3. Fraud: Cashed Stimulus Check with 2 Names on Check
    By Fermium257 in forum Criminal Charges
    Replies: 2
    Last Post: 02-03-2009, 03:12 PM
  4. Fraud: Someone Cashed My Check
    By StolenCheck in forum Criminal Charges
    Replies: 2
    Last Post: 10-27-2008, 10:44 PM
  5. Banking: A Check I Wrote Was Never Cashed
    By BlueCrystal in forum Personal Finance And Investment Law
    Replies: 4
    Last Post: 03-22-2006, 12:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources