Legal Question in Landlord & Tenant Law in Texas

I have a partial deposit refund check from my previous landlord. I have filed a small claims suit for the remainder of the deposit that they have held unlawfully. Can I cash the check or do I need to keep it until the lawsuit is heard? If I do not cash the check within 90 days if issue, it become null and void. I only filed the suit for the portion of the refund not returned. . .


Asked on 10/04/11, 8:29 am

1 Answer from Attorneys

Mark Dunn Mark D. Dunn

Cash the check, unless it contains a restrictive endorsement.

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Answered on 10/04/11, 3:15 pm


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