What can I do if my renters haven’t deposited their deposit refund check?
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What can I do if my renters haven’t deposited their deposit refund check?
My renters moved out 6 months ago but still haven’t cashed the check that I sent for a refund of 2k out of the 6k they gave as a deposit. They wrote me a letter back asking for picures and proof, etc. I wrote back and referenced our rental contract and offered free mediation through my town. The checks I sent
won’t be able to be cashed per my banks protocol after 6 months, so was wondering what my responsibility is after 6 months. I wrote them and asked them to cash the checks and said it didn’t mean they agreed with the deductions.
Asked on September 21, 2018 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If they ask for replacement checks after 6 months, you'd have to write them new ones, but could charge them any costs you incur in the process (e.g. if you have to put a formal stop payment on the old checks, to be *sure* they can't be honored), so you could debit those amounts from what you send them (send them a new letter, adding that cost to the other deductions). Your bank's policy on check's going "stale" does not obviate your obligation to return the deposit.
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