Legal Question in Consumer Law in New Jersey
Returning deposit within 3 days
Is it legal to stop payment on a deposit check? Landlord refuses to return it and we told her within 3 days that we didn't want apt. No lease was signed.
Asked on 10/29/07, 6:31 am
1 Answer from Attorneys
John Corbett
Corbett Law Firm LLC
Re: Returning deposit within 3 days
You do not have a three-day right of rescission on an apartment lease. A lease does not have to be in writing.
That said, you are probably not committing a crime if you stop payment on the check you wrote because you intended at the time you wrote the check that it be paid and (hopefully) believed that there were sufficient funds to pay the check. If, however, the landlord has already deposited the check and it has cleared, you will probably be out of luck.
See also: http://info.corbettlaw.net/lawguru.htm
Answered on 10/30/07, 12:17 am
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