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JEREMY1578
Nov 15, 2007, 10:47 PM
Can a lanlord evict you for nonpayment of rent if you wrote him a check but he has not cashed it yet

charlotte234s
Nov 15, 2007, 11:16 PM
Why has he not cashed it? Is the money in the account?

He will generally not evict you unless you don't pay rent for more than just one month, either.

excon
Nov 16, 2007, 06:48 AM
Hello J:

NO. If he tries it, all you got to do is show the judge that you DID pay. If your landlord doesn't want to cash the check, that's on him.

excon

ScottGem
Nov 16, 2007, 07:20 AM
Actually there is a caveat here. Its very possible under certain circumstances. First, if the check is not for payment in full of all arrears and late charges, then the landlord does not have accept it. Second, if the tenant has been habitually late, the landlord may be able to proceed with eviction.