Landlord Question and Answer Forum

bounced checks

tenant boused 2nd month rent and was paying he difference with added payments each month thereafeter- just received another bad check. Can the tenant be hld for "check uttering" since clearing there was no money to cover the check?

Under 2A:32A-1 of the New Jersey Statutes, any person who issues a check which is subsequently dishonored for lack of funds or credit to pay, or because the issuer does not have an account with the drawee, may be liable for the face amount of the check, attorney fees, court costs, costs of mailing a demand for payment, and damages in an amount equal to $100.00 or triple the amount of the check, whichever is greater, but not to exceed $500.00. The holder of a bad check may seek damages under this provision if he send a required written demand for payment to the maker of the bad check and the maker fails to pay the face amount of the bad check in cash or by cashier's or certified check within 35 days from the date of the written demand. The written demand must be sent by certified mail to the bad check maker's last known address, must be in a specific language: More info: http://www.lawdog.com/states/nj/checks.htm

Posted by Denise S, PA on Wednesday, October 28, 2009

As from my experience don't except checks! Money orders or cash only. Just give a receipt with cash. It save a lot of headaches!!

Posted by Mitchell & Debra F, PA on Monday, November 09, 2009

We always have a provision in our leases that if a check bounces, the tenants must thereafter pay by cash, bank check or money order.

Posted by Nancy H, NY on Monday, November 16, 2009