Legal Question in Landlord & Tenant Law in Georgia

i rented a house and owed the landlord dec and jan rent. wrote her a 1500 dollar check to hold till jan 1. we gave her 700 cash before the first and tried to give her 50 more to cover dec. she wouldnt take it. we put 750 down for deposit a year ago when we moved in. we told her tokeep the deposit for jan and tear up the check. she ddnt. this morning i looked at my bank account and she put the 1500 dollar check through. feb. 28 she had the lights cut off so we couldnt clean or anything. is she legally able to cash that check?


Asked on 3/02/11, 10:47 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Without trying to figure out your confusing story (and, of course, without a single detail about your lease), the answer is probably pretty simple. If you owed rent, and wrote a check to pay it, you should expect the landlord to cash it. In addition, unless a lease provides, telling the landlord to use a deposit is almost never the right answer to cover current or past due rent.

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Answered on 3/02/11, 10:53 am


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