Can I cash a check for the partial return of a security deposit if I plan to take the landlord to small claims court for the remainder of the deposit?
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Can I cash a check for the partial return of a security deposit if I plan to take the landlord to small claims court for the remainder of the deposit?
Not really a good idea.
Hello c:Quote:
Originally Posted by cwright71477
Sure you can. Taking what he returned doesn't mean you waive your right to go after the rest.
That would be, of course, unless the landlord wrote on the check, that cashing it MEANS that you accept the payment as your FULL and FINAL payment...
excon
Yes, it's not an indication that you accept the situation. Just be sure you have a good paper trail of it.
Why not? You thinking "accord and satisfaction"? I don't think that applies unless a note on the check indicates "payment in full", and maybe not even then.Quote:
Originally Posted by Curlyben
Indeed I am..Quote:
Originally Posted by AK lawyer
I have had Banks argue just that point during the UK Charges Campaign.
Implied settlement.
Of course we don't know what the accompanying letter (if any) said.
I have 'heard/read' that writing disclaimers and qualifiers on checks is a thing of the past as far as holding up in court. How long ago has anyone here had it hold up? There's so many excuses for not seeing it, someone else doing the deposit, claims of photoshopping, not to mention the premise of it being quasi legal if that.
If you do decide to cash the check make sure you make a copy of both front and back of the check for your records. The landlord may get the returned check from his bank and happily write all sorts of things on the front and back after it has been cashed and if you wish to continue your claim in court you just might be happy you did make a copy of this check.
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