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clwguy · Mar 11, 2008, 12:38 PM

I own a rental unit and am signing a lease with a tenant. Is it legal in the state of FL to ask the tenant for post-dated checks?

Thanks

twinkiedooter · Mar 11, 2008, 05:29 PM

There is no such thing as a post dated check. You can take a check to the bank anytime and the bank will honor it.

I owned property in Florida and never asked for post dated checks from any of my tenants. Sorry, you'll just have to accept them each month like everyone else. They can always close the bank account that the "post dated" checks were drawn on and you'd still be behind the eight ball regardless. If you don't trust your new tenant, why did you rent to them in the first place? Is it because you live out of town or out of state that you require the checks ahead of time?

clwguy · Mar 11, 2008, 06:07 PM

There certainly is such a thing as post-dated checks, and contrary to your reply, no they can not be cashed before the date printed on the check.

I realize that the person writing the check can close their account at any time. The reason I was asking was solely for convenience. I do live out of town. And that's why I was asking. I'm not sure it warranted such a rude reply.

Fr_Chuck · Mar 11, 2008, 06:38 PM

Checks

So yes they are used, and yes you can ask for them, but I do not believe you can "require or force" them to pay with them.

But the situation is that the check can be ran though the bank, the date will not stop them from running it,
TN even has special laws to deal with this, they state that if you run a post dated check though early, you can not sue in court if that check is returned unpaid( bounce) but they do not have a law to stop you from running it though early
District AG: 7th JD, TN: Attorney General Bad Check Prosecution

Debt Collectors - Post Dated Checks

So I am sorry, you are incorrect, they can be and often are cashed early, it is done so often many states even have laws that stop legal action against the writer of the check if they bounce. ** does not stop fees at the bank, just criminal and civil collection activities.

So the personal answering you was correct, while the check can have any date, it will be honored almost always if presented before that time.

clwguy · Mar 13, 2008, 08:05 AM

My question was: Is it legal in the state of FL to ask the tenant for post-dated checks?

Thank you for your answer Fr_Chuck.

Fr_Chuck · Mar 13, 2008, 08:08 AM

Yes it is legal to ask them, the issue is, that I do not believe you can require them to if they refuse to give them to you, since there is no protection for them that you could not run them though early.

JudyKayTee · Mar 13, 2008, 09:31 AM

Originally Posted by clwguy

There certainly is such a thing as post-dated checks, and contrary to your reply, no they can not be cashed before the date printed on the check.

I realize that the person writing the check can close their account at any time. The reason I was asking was solely for convenience. I do live out of town. And that's why I was asking. I'm not sure it warranted such a rude reply.

I didn't find this rude - you asked, she answered - anyway, she's right. Perhaps it's phrased a little awkwardly - there certainly are postdated checks but the bank doesn't look at them that way. The bank does NOT have to examine every check to see if it's of current date and if a post-dated check is, in fact, cashed, the bank has no responsibility.

It is illegal to postdate checks in a couple of States. I don't know about Florida.

You can ask anything you want, I suppose. I can't imagine why a tenant would agree to such an arrangement. No matter how far out of town you live I would think you could still get monthly checks.

If you decide to make this a condition of a lease I'd be curious if it would stand up in Court. Your Attorney should know.