Legal Question in Business Law in Georgia

A tenant paid me a check for rent for one of my renatl properties. I notice online that it was NSF. I called her about it. She told me to come over and paid me cash for that month's rent.

She is moving out early and breaking the lease. She is clearly in violation of the lease and the termination clause gives me the security deposit and other monies as damages. She is aware of the security deposit, but I will have to sue for the rest.

The bounced check above went through the banking system and the bank sent me a legal duplicate to redeposit. Can I redeposit this check once she moves out to pay toward the damages of her early termination? It is a negotiable instrument.

If no, why not?


Asked on 11/20/10, 10:06 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since she gave you cash for that check, you potentially could face problems with doing so, depending on things you did not tell us (and depending on language in your lease, which hopefully you had drawn by a lawyer to cover such situations).

At this point, get a lawyer. Doing something wrong with the check, not doing the right things to retain the depost, etc. could be costly to you.

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Answered on 11/26/10, 4:20 am


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