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A check is a draft that is payable on demand. A post-dated check is not payable on demand. If you notify your bank that you have issued post-dated checks they are obligated to dishonor a check that posts before the date.
They can present anything they'd like. Doesn't mean it will be honored by the payor bank. And if they do after they've been given notice of the post-dated checks, they are liable for any resultant damages. Forget websites of unknown credentials and go straight to the source: UCC 4-401(c).
Absolutely no way would I provide post-dated checks, and no way would I provide the rent 15 days ahead of time either. Just keep paying on time according to your lease agreement, and ignore requests for post-dated checks since you already said you would not do that. Your lease doesn't require it, they can go pound sand. Of course, being uncooperative also means they won't be keen to renew your lease, but I wouldn't want to lease from a LL like you describe anyway.
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First of all the OP admits to paying the rent at the very last minute.
Paying when the rent is due is not paying at the last minute, it's paying on time.
Obviously mostly tenants responding here. First of all the OP admits to paying the rent at the very last minute. That doesn't sit well with landlords. Before I became a big fat greed mean landlord I was a tenant, and I always sent my LL a current dated check, ready to cash by the 15th of the previous month.
Try doing that to start. Imagine. If you pay the rent ahead on the 15th, I guaranty your landlord will not bother you unless you bring in unregistered occupants, pets, dope, etc. Obviously your LL is a mean greedy LL like me and has had so many past flim flammers that he doesn't give a single break.
My tenants get a rent discount if paid by the 25th, a late fee if not paid by 5 pm on the 1st, and eviction proceedings by 6pm on the 1st. I do not fool around. I provide a nice place to live at a reasonable price and if someone doesn't value it they can move or I will move them and put someone who appreciates it in place.
If you can't pay your rent on time or ahead of time by even a day, I don't need you for a customer. That's it plain and simple.
As for post dated checks, LL's often require them from tenants who can't seem to remember to pay their rent. It is designed to simplify things for the tenant. Then all you have to do it remember to put the money in the bank and not get to the PO.
You know what is an even better way? Talk to your LL. Open an account at his bank and just do a balance transfer into his account. I do this will all my out of town tenants, then I can go online and check the rent is paid. It has worked well for me.
Now as to the other comments:
1) You are NOT in the drivers seat. You are the TENANT. The LANDLORD is in the drivers seat. If you don't like that you need to buy a house. Obviously your LL is not going to let you be in the drivers seat.
2) I doubt your lease provides for sub-leasing. If you break your lease that LL is going to ruin your credit and life until you pay him.
3) Unless you have an unscrupulous LL or don't have enough money in the bank to even cover a months rent you don't have anything to worry about. A LL isn't going to risk a lawsuit and jail by cashing a post dated check unless by total accident. There are sloppy LL's for sure, but just like a LL screens a tenant you should screen a LL at least a little. If they are weird don't rent from them. No, wait, I'm weird too, and I'm a great LL, so long as you pay your rent on time!
Paying rent on the day it is due is not " last minute " in my opinion as a property manager. It's paying the rent on time. 5 pm on the last day of grace is "last minute". Lots of people get paid on the 15th and the 30th so they don't even have all the rent perhaps until the 1st; that's no crime that's just reality.
This LL is attempting to change the terms of the lease which shows they are obviously inexperienced and a bit on the shady side if you ask me.
A check is a draft that is payable on demand. A post-dated check is not payable on demand. If you notify your bank that you have issued post-dated checks they are obligated to dishonor a check that posts before the date.
Having worked for a bank, and seen this issue many times, I can promise you this is not what generally happens. Technically checks aren't "good" until the date, but if a check has already been negotiated anyway (common with landlords because they deposit many checks at once) you are most likely going to be told by your bank "Too bad, you shouldn't give people post-dated checks". It is very rare for a bank to actually take the funds back. That has a lot to do with the fact that banks value their business clients more than their personal clients. Depositing checks early is an unfortunately common occurrence with businesses. If the banks started setting a precedent where they start taking money back, then they would be pissing off their business clientele. While it is within the realm of possibility to get the fund back, it is far, far from likely.
That said, it is not a good idea to be giving someone a postdated check. Sending it a little earlier would be a good idea for the OP, and would get the landlord off their back (though I agree as long as it is getting there on time, they shouldn't HAVE to), but a stack of post-dated checks I agree would be totally foolish.
Having worked for a bank, and seen this issue many times, I can promise you this is not what generally happens. Technically checks aren't "good" until the date, but if a check has already been negotiated anyway (common with landlords because they deposit many checks at once) you are most likely going to be told by your bank "Too bad, you shouldn't give people post-dated checks". It is very rare for a bank to actually take the funds back. That has a lot to do with the fact that banks value their business clients more than their personal clients. Depositing checks early is an unfortunately common occurrence with businesses. If the banks started setting a precedent where they start taking money back, then they would be pissing off their business clientele. While it is within the realm of possibility to get the fund back, it is far, far from likely.
How the payee's bank handles it is not the issuer's concern. How his own bank handles it is.
As a landlord, I personally hate it when people give me post-dated checks. If I receive a check, I want to be able to deposit it. I would rather receive a check on the 1st, than receive it on the 20th and have to hold it until the 1st.
As a tenant, I would ABSOLUTELY not agree to provide post dated checks for multiple months at a time, as they are requesting.
And I agree that due by the 1st means that the 1st is on time. Paying at the last minute means right before the grace periord deadline, which for us is 5:00 on the 5th. For us, rent is due on the 1st. My favorite tenants are the ones for whom I have the rent between the 30th and the 2nd.
A check is a demand instrument. Look at your checks, they all say "Pay to the order of" - They don't say, "After the date written above" or anything to indicate that the check is not valid UNTIL that date. So, if you give a post-dated check, you are simply giving a check. At least this is what I was taught when I learned banking law as a paralegal - (albeit many years ago).
So, VAW, you have discussed this issue before and once again, you are discussing it. The advice you received this time is no different than the advice you received in the last thread you started on the LL's request for post-dated checks. Grow a spine and tell him NO. Tell him that DEMANDING post-dated checks is illegal. Tell him that harrassment is illegal. Your rent has been paid on time and he has no leg to stand on.
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