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Posted by consigliere on November 20, 2001 at 09:22:08:

In Reply to: Re: Cashing sec dep check posted by me on November 19, 2001 at 16:38:10:

Unless some sort of objection to the amount of the check is part of the endorsement, a court would probably rule that there was "accord and satisfaction" between the landlord and the tenant.

You should copy both sides of any check where you place a limited endorsement on the check.

:
: I agree that adding "under protest" or whatever as suggested is not a bad idea. However, I believe that, even without those words, cashing the check won't harm your rights, and that you can sue for the remainder and possibly also for treble damages, if the law allows.
: :
: : If you cash a check for a returned security deposit, does it compromise your ability to dispute the amount of the check, if you feel you are owed additional funds? (New York City)
: : Thanks

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Comments:
: 
: Unless some sort of objection to the amount of the check is part of the endorsement, a court would probably rule that there was "accord and satisfaction" between the landlord and the tenant.  

: You should copy both sides of any check where you place a limited endorsement on the check.  

: :
: : I agree that adding "under protest" or whatever as suggested is not a bad idea. However, I believe that, even without those words, cashing the check won't harm your rights, and that you can sue for the remainder and possibly also for treble damages, if the law allows.
: : :
: : : If you cash a check for a returned security deposit, does it compromise your ability to dispute the amount of the check, if you feel you are owed additional funds?  (New York City)
: : : Thanks


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