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  1. #1
    Join Date
    Apr 2010
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    2

    Default Eviction Process Started and Landlord Won't Cash Rent Checks

    My question involves an eviction in the state of: SC

    Our apartment complex has brought on a false eviction against us as they say we falsified information on our rental application which is untrue. We have retained an attorney for this matter and have requested a jury trial and filed a counter claim. Since filing the eviction they have not cashed any of our rent checks, two months worth now. What I am asking is can they legally do this? We suspect they are sitting on our checks so that they can evict us for non-payment of rent. I am tempted to put a stop payment on the checks and when they go to cash them re-issue them new ones. I do not like having my checks floating around...

    What is my legal recourse in this matter? We only signed a three month lease so this is ridiculous! Could they be waiting until trial?

    Thanks in advance,

    Megan

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Eviction Process Started and Landlord Won't Cash Rent Checks

    Since filing the eviction they have not cashed any of our rent checks, two months worth now. What I am asking is can they legally do this?
    Yes. You cannot force them to cash your checks on your timetable.

    The eviction has already been filed for falsification of the lease documents. It's too late to change it to non-payment of rent.

    Since you already have an attorney, you should be discussing all aspects of the case with him or her.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Eviction Process Started and Landlord Won't Cash Rent Checks

    Rent is being paid, and that would be a defense to any claim of nonpayment. Even if the checks aren't being cashed.

  4. #4
    Join Date
    Apr 2010
    Posts
    2

    Default Re: Eviction Process Started and Landlord Won't Cash Rent Checks

    Quote Quoting LawResearcherMissy
    View Post
    Yes. You cannot force them to cash your checks on your timetable.

    The eviction has already been filed for falsification of the lease documents. It's too late to change it to non-payment of rent.

    Since you already have an attorney, you should be discussing all aspects of the case with him or her.
    Yes I understand that they don't have to work on my time table, it is a large apartment complex, well it is actually the property management company that is the problem. I have discussed it with my attorney and he just said that he didn't think they could do it and to wait and see what happens. I was more so wondering if they can legally hold onto them. I did some digging and read somewhere that by them cashing the checks they would admit that we are tenants here therefore undercutting the fact that they are trying to evict us.

    I just don't really like having a couple grand floating out and about

    Thanks for your reply!

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