Cashing partial Security Deposit Check (to rent, landlord, title)

[Rogerthat84]

So i had an issue that I posted on here before... if you would like to review (not necessary for question):

//www.city-data.com/forum/new-y...l#post22315036

So after handing back the keys on November 25th, the landlord has sent us back half of our security deposit ($1300). We are still waiting on the itemization and the rest of our money (yes after 88 days - but we're being patient since NY states "reasonable time" for refund).

They say that damages come up to about $800 (can't WAIT to see the padding in the itemization!) and they are sending back the rest $500 w/itemized bill. Can we cash the $500 even if we are going to dispute the $800 charge? or will that mean we accepted the $800 charge?

Any and all advice appreciated.

[likeminas]

I didn't read your previous post. But yes you can cash the check and sue for the remaining in in small claims court.

Assuming you did a walk-trough with the landlord/managment agent, and took pictures prior to renting the aparment, you should be ok. Otherwise it's an uphill battle.

[bellakin123]

I would also endorse the check "without recourse". You may get questioned at the bank but this basically says that just because you're cashing this check doesn't mean you're not entitled to anything else. But it also means that if the check bounces, the bank cannot take that money from your account.