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I handed my rent check to my landlords "friend" who was standing with her at the time. She was aware that i was paying my rent. She held on to the check for a week as she normaly does, but for some reason, this time she did not endorse the back of my check before making the deposit. Funds were taken from account for the rent. All appears normal, but I am wondering if there may be a "legal" reason as to why she did not endorse the check this time. Could she evict me for non payment? Without signing the check, does this prove that she did not accept my rent?
Odds are she just forgot or missed it. I know when we have 50 checks in the stack to be deposited, sometimes we miss one, and the bank has to stamp it. If she just has the one property, she might have forgotten, we've done that a few times when just depositing odds and ends.
It is probably innocent. If you are worried though, could you email her for verification that it was in fact her that deposited it? An email back from her verifying it should count as a written form of receipt.
I make no promises! People are crazy, and you never know what someone is going to do from one minute to the next, even if you think you know them! And anyone can sue anyone for anything at anytime.
However, if the check was made out correctly (her name, or her company, whatever), and it got deposited, that implies that it was that person or company who deposited it, so I would think if you could prove that it was deposited, the burden of proof would be on her to prove it wasn't by her.
The canceled check will have an imprint of the account number that it was deposited into. If it's your landlord's account there isn't any way she could claim she didn't get it. And if it's not her account, the landlord will have to file charges against the account owner for stealing the check.
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