Legal Question in Real Estate Law in New Jersey
Bounced rent check
I gave my landlord a post dated check for rent. However, the following day, I tried to deposit the money to cover the check into the bank and found that my bank would be closed for 2 weeks. Thus the check bounced. Would I still be responsible for the check fees and damages incurred by my landlord since it was not my fault?
1 Answer from Attorneys
Re: Bounced rent check
An interesting problem.
As between you and your landlord, you are liable to him for the contract damages such as late fees and returned check fees if the lease says that.
You are not criminally liable in NJ because you had a reasonable belief the the funds would be there.
A judge is not going to evict you if the rent is paid.
You may have recourse against your bank for the costs incurred. If your bank is chartered by the state or federal govenment, they are not permitted to close except on bank holidays unless the law has changed since last I looked. The economic theory is that banks must remain open to service their depositors in order to prevent panic and runs when there is a crisis. In return, the banks get deposit insurance for the depositors. If your bank (as opposed to just a branch of the bank) is closing on other than official bank holidays, it is probably violating the law and you should have a remedy for that.
See also: http://info.corbettlaw.net/lawguru.htm
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