Legal Question in Real Estate Law in Florida

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