Legal Question in Real Estate Law in New Jersey
New Jersey Rent
I signed a lease for an apartment and my landlady now says that she would like for me to provide to her one check for each month that I am renting. She wants each check to be post-dated so that she can deposit them on the first day of each month. Is this legal? As I have heard that in some states it is illegal to post-date a check.
1 Answer from Attorneys
Re: New Jersey Rent
Arguably, she is asking for full payment of one year of rent in advance, which she cannot do. Beyond that, a post-dated check is a promise to pay on that date and, if it bounces, she may try to argue that you are responsible criminally. While she may have difficulty proving actual intent not to pay her, it would then involve you in the criminal system. You do not want to put yourself at risk in this manner. This is a poor idea and while I know of no law which would specifically prevent her from asking for such a thing, there is certainly no legal requirement for you to do so. I would suggest that you refuse.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other facts that would change my opinion. And, no one can rely on the opinion of an attorney who has not been retained. Before you do anything, you should consult with a Real Estate/Tenancy Law attorney. I would be happy to discuss this matter with you if you would call me. Mention Law Guru and your first one hour consultation is free. Good luck! Rob Gleaner