Do I still owe rent after the lease has been terminated, if my old landlord had never deposited an old rent check?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Do I still owe rent after the lease has been terminated, if my old landlord had never deposited an old rent check?
I ended a 2 year lease several months ago, and got my security deposit back. 5 months later my old landlord is contacting me that I had put a stop payment on one of my old rent checks. I called my bank and they said that my landlord had tried to deposit my rent check after 90 days that it was issued. This would render the check void. I am no longer her tenant, and am not responsible for the fact that she waited until the check was void to deposit it. Is it still my responsibility to send her a new check for this old rent?
Asked on August 30, 2012 under Real Estate Law, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, it is still your responsibility to pay her the money. Under the lease, you were obligated to pay the rent, and that obligation does not end when you are no longer her tenant--that is, you still owe rent for the time you were a tenant, if such rent were not paid previously. The landlord tried to deposit the check and was refused; therefore, she was not paid the money. Unless the lease said she had to deposit it within a certain time (unlikely), it is no defense to say that the landlord delayed. You need to pay her the money you were supposed to pay her and were evidently willing to pay her, anyway.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.