Saturday, February 6, 2010

Is it true that once a check is cashed the terms are agreed upon?

i am a first time land loard and returned $1800 of past tenants security deposit, kept 600 for carpet cleaning ect- tenants cashed and deposited check now has contacted me anf wants the remainder of the $. i don't feel shes entitle.Is it true that once a check is cashed the terms are agreed upon?
The deal is done once they cashed the check.





By doing so they agreed to ';paid in full'; from you.





Relax - sounds like jerks are trying to milk you for monies not theirs.





Be sure to keep the canceled check from the bank and a list and receipts of all you and any workmen did in the apartment after they left.





Don't worry - I doubt they will take it further (they have not case), and if they do try you are more then well armed to fight the battle............Is it true that once a check is cashed the terms are agreed upon?
as a tenant in my 1st place, I had a similar situation. landlord wrote ';payment in full'; on the check. I cashed it, then ended up in small claims court for the rest.





court found landlord could not justify the expenses made under the state law (no inspection report on either move in or move out, so no proof any claimed damage was not already there, in my case).





judge specifically noted that what is written in the comment field on the check has no legal meaning before that court.





judge awarded me treble damages because the amount was not paid on time, landlord paid before leaving the courthouse.





that was in maryland.





other states are probably similar.





see landlord tenant do it yourself law books at nolo.com for what evidence landlords need to have and procedures to follow on move out wrt security deposits.
For settlements or your example, then yes. Once the check is signed and cashed it means they agree to the fees and terms. If they did not accept it, they could have went to court and sued for the remainder. But now is too late for them. If they file suit, it's pretty much a waste of time on their part.
As long as you kept all receipts for the work done and she takes you to court it should be final. I would mail her a copy of all work receipts you have done on the house and let her know that she won't be getting the rest of the money back.

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