Legal Question in Real Estate Law in California
He Cashed My Check Two Months Later
I gave my Landlord a check for my rent. Instead of just depositing it, he called the bank, and the bank said there were not enough funds available. I replaced the check with cash. He did not return the check to me (even though requested 2 times-once verbally and once in writing). Two months later, ooooops, he decides to see if the check is good, sure enough it is. He hammers it, and really screws up our lives. Before he does this, he sends me a statement that the check was ''NSF'', and that I had replaced it with cash, and cited a cash receipt #. ??'s Is this (his encashment of item after its replacement, and his acknowledgement of it being satisfactorily replaced). Obviously we have something unethical here, but were his actions ''illegal?''
1 Answer from Attorneys
Re: He Cashed My Check Two Months Later
probably not criminal.....that would depend upon his intent. If he is trying to increase his security deposit beyond that permitted by the Civil Code (2x monthly rent if unfurnished, 3x if furnished), it is a Civil Code violation and civil penalties could apply. If it could be shown by proof beyond a reasonable doubt that the landlord intended to deprive you of the money, i.e. neither apply it to deposit or to another month's rent, it could be a theft crime.
It seems to me that there is mutual mistrust between you and this landlord. My advice would be to stop worrying about whether there is foul play afoot and consider either a frank discussion with the landlord to clear up the mistrust, or plan to move elsewhere at the earliest opportunity. There is no long-term future in allowing this kind of relationship to continue.
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