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Posted by Melissa on August 18, 2000 at 13:06:04:

In Reply to: Landlord bounced my checks posted by Lady on August 18, 2000 at 09:53:54:

Telling your LL not to cash the check wasn't enough, you needed to notify your bank.

The revised U.C.C. (which is in effect in all states except Massachusetts, South Carolina, and New York) has a different rule. Revised Section 4-401 provides, in pertinent part:

A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty.
Thus, the new rule is that a postdated check may be paid before its date (so long as the check is otherwise properly payable, which means that it has a proper signature, is for a sum certain, etc.) The only exception is where the customer has given the bank a notice of the postdating. In that event, the bank cannot pay the item and must return it unpaid if it is presented prior to the date on the check.

In terms of the notice of postdating given by a customer to the bank, it must meet certain requirements, as follows:
The notice must describe the check with reasonable certainty;
The notice is effective for the period stated in Section 4-403(b) for stop-payment orders (i.e., it's good for six months, but lapses after 14 days unless confirmed in writing within that time); and
The notice must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4-303.

: I live in Newark, New Jersey in a 2 family house apartment for 7 seven years. This past June, I gave a post dated check to my landlord of $2,300 to cover my summer rent (June-Sept.). When I gave the check to my landlord I not to deposit the check until the 15th of June, instead, the landlord deposit the check anyway. This caused to bounce about 6 checks. I immediately called the landlord and told him what he did. He said that he forgot what I had said about the date of depositing the check. He also said if I wanted him to return the entire money. I responded no because the bank had already put the money into his account but I had to pay the bounced check charges.
: Afer receiving the bank statements, the total of bounced checks charges totaled up to $227.00. I wrote a letter to my landlord about sending me a check or money order of this amount. He called me angrily and stated that he was not going to pay and that first of all it was illegal to give a post-dated check after all. And I responded, if you knew it was illegal then why you accepted the check?? In conclusion, he said for me to take him to court.
: I am very upset at this situation and I don't know whether to take him to court or not. I don't want to lose time from work. Also I don't want to lose my apartment since I pay low rent. Can anyone give me an advice???????

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Comments:
: Telling your LL not to cash the check wasn't enough, you needed to notify your bank.

: The revised U.C.C. (which is in effect in all states except Massachusetts, South Carolina, and New York) has a different rule. Revised Section 4-401 provides, in pertinent part:

: A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. 
: Thus, the new rule is that a postdated check may be paid before its date (so long as the check is otherwise properly payable, which means that it has a proper signature, is for a sum certain, etc.) The only exception is where the customer has given the bank a notice of the postdating. In that event, the bank cannot pay the item and must return it unpaid if it is presented prior to the date on the check.

: In terms of the notice of postdating given by a customer to the bank, it must meet certain requirements, as follows:
: The notice must describe the check with reasonable certainty; 
: The notice is effective for the period stated in Section 4-403(b) for stop-payment orders (i.e., it's good for six months, but lapses after 14 days unless confirmed in writing within that time); and 
: The notice must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Section 4-303. 

: : I live in Newark, New Jersey in a 2 family house apartment for 7 seven years. This past June, I gave a post dated check to my landlord of $2,300 to cover my summer rent (June-Sept.). When I gave the check to my landlord I not to deposit the check until the 15th of June, instead, the landlord deposit the check anyway. This caused to bounce about 6 checks. I immediately called the landlord and told him what he did. He said that he forgot what I had said about the date of depositing the check. He also said if I wanted him to return the entire money. I responded no because the bank had already put the money into his account but I had to pay the bounced check charges. 
: :    Afer receiving the bank statements, the total of bounced checks charges totaled up to $227.00. I wrote a letter to my landlord about sending me a check or money order of this amount. He called me angrily and stated that he was not going to pay and that first of all it was illegal to give a post-dated check after all. And I responded, if you knew it was illegal then why you accepted the check?? In conclusion, he said for me to take him to court. 
: :    I am very upset at this situation and I don't know whether to take him to court or not. I don't want to lose time from work. Also I don't want to lose my apartment since I pay low rent. Can anyone give me an advice???????



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