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Reedj0228 · Oct 22, 2013, 08:43 AM

My landlord kept over half of my security deposit which I informed her in writing that I disagreed with. To make a long story short, I am suing her in small claims court for the remainder of the security deposit.

My question concerns the amount of the security deposit she has already refunded me. I have not cashed her check because I disagreed with the amount and have been told that by cashing (or depositing) this check I would be agreeing to accept the amount she has sent me. Can I cash her check and still seek recovery of the remaining balance?

AK lawyer · Oct 22, 2013, 09:19 AM

You were probably told this wrong. Unless the check has written on it "payment in full", or something to that effect, yes, you can cash it.

The legal term is called "accord and satisfaction". It means that if the parties to a transaction agree to payment of a lesser amount, and if that lesser amount is accepted (by, for example, the cashing of a check), the balance would be waived. You haven't agreed. You want the full amount due, but it is reasonable for you take that amount in installments.

It doesn't appear that that would apply in your case.

Reedj0228 · Oct 22, 2013, 09:31 AM

Thanks AK Lawyer.

She actually sent me two checks. The first check stated "security deposit refund" on the memo line. About a week later she sent me an additional check for $100.00 when she admitted that charges she was withholding for a damaged door were not caused by us.

Reedj0228 · Oct 22, 2013, 09:32 AM

Not sure if it is relevant but this took place in Georgia and I now live in Florida

AK lawyer · Oct 22, 2013, 09:39 AM

Originally Posted by Reedj0228

Not sure if it is relevant but this took place in Georgia and I now live in Florida

Which state is it in which you are suing her?

Reedj0228 · Oct 22, 2013, 09:46 AM

I had to file a claim in Georgia since that is where she resides.

AK lawyer · Oct 22, 2013, 09:47 AM

... "The owner-seller pleaded the affirmative defense of accord and satisfaction and moved for summary judgment citing Mortell v. Keith, Mack, Lewis & Allison, 528 So.2d 1362 (Fla. 3d DCA 1988) as authority for the proposition that the letter and check for $44,982.53 constituted an accord and satisfaction as a matter of law...
... An accord and satisfaction results as a matter of law only when the creditor accepts payment tendered on the expressed condition that its receipt is to be deemed to be a complete satisfaction of a disputed issue... " REPUBLIC FUNDING CORPORATION OF FLORIDA, v.JUAREZ (563 So.2d 145, 1990 District Court of Appeal of Florida, Fifth District).

AK lawyer · Oct 22, 2013, 09:49 AM

Originally Posted by Reedj0228

I had to file a claim in Georgia since that is where she resides.

Ah. I don't have handy access to Georgia case law, but I suppose it would be similar to what I found above.

ScottGem · Oct 22, 2013, 10:29 AM

AK has answered your question about cashing the check.

I'm curious as to what your grounds are for wanting more.

A landlord is required to return all or part of the security deposit within a certain time frame. If only part is refunded, then it must accompany a full accounting of how the balance was used.

Generally, the landlord claims that they had to make repairs to bring the unit back to rentable status. Usually the landlord has receipts from repair people as to what the costs they incurred were. I've found it rare that a tenant can win this battle without very good proof that the costs were not necessary.