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    cwright71477's Avatar
    cwright71477 Posts: 1, Reputation: 1
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    #1

    Jul 20, 2011, 08:13 AM
    Can I cash a check for security deposit?
    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?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
    		  
    #2

    Jul 20, 2011, 08:14 AM
    Not really a good idea.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jul 20, 2011, 08:18 AM
    Quote Originally Posted by cwright71477 View Post
    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?
    Hello c:

    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
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #4

    Jul 20, 2011, 08:21 AM
    Yes, it's not an indication that you accept the situation. Just be sure you have a good paper trail of it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jul 20, 2011, 08:57 AM
    Quote Originally Posted by Curlyben View Post
    Not really a good idea.
    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.
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
    		  
    #6

    Jul 20, 2011, 10:21 AM
    Quote Originally Posted by AK lawyer View Post
    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.
    Indeed I am..

    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.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #7

    Jul 20, 2011, 10:37 AM
    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.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Jul 20, 2011, 02:53 PM

    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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