If the check bounces the landlord may have certain civil remedies to help recuperate the promised funds.Mary Lamphere writes travel, real estate, wellness, health and business content for a variety of online portals.This means that a tenant may legally postdate a check to you and that you may even be able to cash it when you receive it, but if the bank has been notified of the postdating you will have to wait until the date listed on the check instrument before you may receive the funds.
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According to California's bad check law, writing a check with the intent to commit fraud or knowingly writing a check when there are insufficient funds to cover the full amount of the check are both illegal.
However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.
It turns out that a bank can pay or return an old check as it sees fit.
According to the United States Uniform Commerical Code, a bank is not obliged to pay a check more than six months old.
Here's the full text of the guideline: A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith. If you have a stale check outstanding, contact your bank to determine their policy. I'm not sure what happened with the woman at my bank today.