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milkdud · Nov 12, 2008, 08:54 AM

Can a landlord cash your check and then sue you for unpaid rent when you never signed a rental agreement and never moved in the home at all even when you gave him a 72 hours notice of not wanting the home because of pesticides and you find a better home and lessor rent than what he was offering you

milkdud · Nov 12, 2008, 08:55 AM

Need to know what are the rights in Louisiana about getting your money from a landlord when you never rented his home and he took your check and deposited after you already notified him of not wanting the home

milkdud · Nov 12, 2008, 09:06 AM

I am in the state of Louisiana and my friend and I never signed a lease agreement with the landlord for his home but he had requested for a check as a deposit in case I would rent his home he stated that he would not deposit the check at all unless the rental agreement was signed to rent the home I contacted him and informed him that I was not going to rent the home and that I would pick up my check from his home when I went to pick up the check he stated that he already put the check in the bank which cause an nsf to my account and he took it to the district attorney office what are my rights I never leased the home and never signed a contract should I be paying for this check

ScottGem · Nov 12, 2008, 09:19 AM

Unless you have it in writitng that he agreed not to deposit the check, then you are responsible.

lauren6318 · Nov 12, 2008, 10:09 AM

I disagree. You don't have anything in writing which means you didn't agree to rent the property. If he presses charges or anyone comes after you, explain he agreed to hold the check and NOT cash it until you signed the lease. Tell them you didn't like the lease and wouldn't sign. I think you're OK, but I'm only a real estate in nj, not Louisiana.

lauren6318 · Nov 12, 2008, 10:10 AM

You already asked (and I answered) this in another post.

ScottGem · Nov 12, 2008, 10:14 AM

But the check represents an intent. The problem is not getting the deposit back, the problem is that the check was deposited when the OP thought it wasn't going to be. So the OP didn't maintain a balance sufficient to cover it.

ScottGem · Nov 12, 2008, 10:17 AM

Threads merged

lauren6318 · Nov 12, 2008, 10:53 AM

I see what you're getting at. But since the deposit would be returned anyway since no contract was signed, I would say he can't go after the OP for the $$. In my opinion, the landlord should've have deposited the check and I think any small claims court judge would agree the check should be held until a contract signed if both parties agreed to that.

ScottGem · Nov 12, 2008, 11:14 AM

I think the real issue here is the NSF fees when the check bounced. I agree, the landlord can't sue for rental since OP never agreed to rent. But he might be able to sue for the NSF fees unless the OP can prove he had promised not to deposit it.