Legal Question in Banking Law in Illinois

Post-dated checks

I am planning on renting an apartment, and the rental office is asking me to write out post-dated checks for each month's rent upon signing the lease. Several people that I have spoken to say that this is not legal. So I am wondering if in Illinois it is legal to post-date checks? I am a college student and I am unaware of the law in this matter.


Asked on 3/20/03, 6:31 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Post-dated checks

I do not think it is illegal to write post-dated checks, but it is certainly unadviseable, as there is no guarantee that the landlord will not cash them before their date, which you cannot stop under the law. I would find a reputable landlord who will accept you as a tenant with a reasonable security deposit. You may also wish to offer, since you are a college student, evidence of your ability to pay the rent as it comes due, or even a parental guarantee, if available. Feel free to call if you have any questions. I became a lawyer after, and mainly because of, a trial with my landlord when I was in college. Larry Stein. (630) 221-1755

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Answered on 3/20/03, 6:39 pm


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