Legal Question in Real Estate Law in Florida
Security Deposit refund after4 years
I refunded a security deposit to a tennant even though they did not complete their lease agreement and opted for early termination. Apparently, they have not cashed the check for over 4 1/2 years and now they contacted me want me to honor the check. They did not provide me with their forwarding address so it was impossible for me to contact them. Must I now honor the 4 1/2 year old check?
2 Answers from Attorneys
Re: Security Deposit refund after4 years
Based upon the information you provided, a check is a promise to pay which if not honored can be enforced by a law suit. Checks have a relative short life span 6 mo to one year. Although there is merit to the previous reply, I would be in no haste to write a new check. There are many factors at play which may obviate the need to issue a new check. You should seek a consultation with an attorney. If you are in this area, call me at 305-940-8080.
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
18260 NE 19 Ave
Duration of Checks
Q. I refunded a security deposit to a tennant even
though they did not complete their lease agreement
and opted for early termination. Apparently, they
have not cashed the check for over 4 1/2 years and
now they contacted me want me to honor the check.
They did not provide me with their forwarding
address so it was impossible for me to contact
them. Must I now honor the 4 1/2 year old check?
A. A check is a contract and an action can be
brought if the statute of limitations hasn't
expired. In Florida the S/L on contracts is
generally 5 yrs. You may not have had the
obligation to refund 4 1/2 yrs. ago but you did
and wrote a check. Now you are in a different
situation and the fact of when and how they left
is not the most important consideration.
William W. Fernandez
William W. Fernandez, Attorney at Law
250 Panama Road East
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