Legal Question in Landlord & Tenant Law in Texas

I am a landlord. I recieved a check from our tenant. The check came from Chase Bank and was part of a bill pay service. The check was only good for 90 days. The check got placed in with some other mail that got misplaced. In going through our papers we found this old check (from 2009). The tenant has moved out. I contacted Chase who told me that the money was re-deposited into the tenant account after the 90 days were up. The tenant never asked me why I did not cash the check nor did they give me a new one. The bank says that the tenant still has an obligation to pay. Do you agree and how should I go about getting the money from the tenant?


Asked on 7/15/11, 6:12 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

The tenant still has the obligation to pay. Get a letter from Chase advising you that the check has not been cashed cannot now be cashed. Send a copy of the letter with a copy of the check to the tenant and ask the tenant to supply you with a replacement check. If the tenant will not pay you, file suit in small claims court.

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Answered on 7/16/11, 12:00 pm


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