I am in Florida. I had prewritten checks for payment till Feb 08. I gave the landlord 60 days notice, moved out at the end of Aug. There was a $500 deposit and $1500 monthly rent. He kept deposit and I cancelled Sept check. I forgot to cancel Oct and he cashed - saying that the bank was set to automatically deposit. I emailed him the following.


I hope all is well. I have been working on the
Road this last month and happened to be in town for a couple days. I
Noticed this morning that your bank deposited the check that was designated “October
Rent”. I understand this may be the first you have heard of this,
However I ask that you give me a prompt response as to your intentions. As
We previously discussed, it was my understanding that the contract did not make
Me liable in excess of my security deposit.

I have attempted to be fair in my moving out. Noting
That I gave the greatest lead time I could and thoroughly cleaned the unit, regardless
Of knowing that I would not receive my security deposit. I asked that you
Return these funds and that future checks be shredded (as you and I had
Discussed doing). Accept my apologies for the inconvenience.

Sincerely,

He response on 10-8-07 was as follows,

I will go over to the bank and make sure they are shredded, that is my fault. Skip


Now his realtor has emailed me suggesting that he will continue cashing checks..

Does his email of 10-8-07 give me some leverage, because I thought the problem was settled and I chose not to move back in or try to sublet.

Thanks in advance

Hello buck:

Do you have a LEASE?? That's really THE key piece of information. If you did, he can keep cashing your checks. If you didn't, he can't.

excon

Quote:

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As
We previously discussed, it was my understanding that the contract did not make
Me liable in excess of my security deposit.

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Was this a written contract? Confused as to why if you went to bank and cancelled the September check, why you wouldn't cancel them all while you were already at bank?