Does my landlord need to notify me that he is placing a stop payment on my security deposit refund check?
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I moved out of my apartment September 1st but did not have a forwarding address to provide to the landlord. Once I did get my new mailing address, I set up a forwarding service through the post office. My landlord mailed my security deposit reimbursement check to my old address at their complex but the check did not get forwarded to my new address until about 10/24. In the meantime, I spoke to the old landlord and asked where my check was. They determined the check had gone to the old address and asked me for my new address. I provided the new address and 2 business days later I got the refund check. Not realizing this was the "original" mailing, I went ahead and deposited the check. A week or so later I find out the old landlord had placed a stop payment on the original check and issued a new one. This would have been fine except that they stopped pay on the check and it resulted in me overdrawing my checking account. $450 worth of overdraft fees later I asked the old landlord why they never notified me they would be stopping payment on the original check. if they had I would have managed my finances accordingly. Do I have any legal recourse since they did not make a good faith effort to notify me of the stop payment?
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Answer:
They had no duty to inform you that they were stopping payment on the original check because as far as they knew, you were never going to receive that check. They also told you that they would be sending you a second check (which is why they obtained your new address) so any idiot could have deduced that they would have stopped payment on the first check. You have no legal recourse. You also have a very bizarre understanding of other people's responsibility to manage your affairs.
Steven at Yahoo! Answers Visit the source
Other answers
No, you should have made sure the check cleared before using the money. Banks are very clear on this and how many days it takes for a check to clear. The fact that you couldnt wait to spend the money is your fault.
Elaine
No. It is not the landlord's responsibility to ensure that you're dilligent in getting your mail properly. You knew that he mailed the original check, so you should have checked to make sure that it was the proper check by calling your landlord before cashing it.
Sans Deity
this is all on you, you should have verified that the check you got was the new (good ) check. Especially when you knew there was a bad check floating around in the postal system.
Freedom Fighter
He should have told you, but HOPEFULLY, in this era of banks looking like thugs, if you explain what happened, and especially if you can get the landlord to write a letter explaining what happened, the bank will wave the fees. As long as you are nice about it, explain that it was due to an error beyond your control, they will probably waive most or all of the fees. Banks, as an entity, are NOT NICE...but the individual people who work there, ARE, and are happy to help when they can. Good luck!
BrainBabe
YOur mistake was "not realizing this was the original". The date on the check should have raised the question and you should have verified the serial number with the landlord before causing problems. Having failed to exercise the slightest bit of ordinary care in that transaction, the expected results are on you. Of course, you can waste a lot of peoples' time by trying to blame others, but your lawyer will tell you whether or not you can win your case, under the complete circumstances.
bcnu
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