Legal Question in Real Estate Law in Florida
Rights when someone deposits check before date
What is my right if my landlord deposited a rent check before the date on the check, and I bounced other checks because of that? It was after the rent was due, but it is something that he had previously let me do. I want to withold all the fees from my rent check, but I don't want to do it if he can evict me because of that.
1 Answer from Attorneys
Re: Rights when someone deposits check before date
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RESPONSE:
(1) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. FL ST s 674.401;
(2) 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. FL ST s 674.401
Therefore, beause you agree that the money was due, I cannot see that you have any rights against the landlord nor the bank.