Landlord Question and Answer Forum

I had a tenant who broke is lease and skipped out of his rent. He had written me a check in January but it bounced. He wrote me out another one and I was able to deposit it. My question is, can I cash that other check that bounced. I did have to go through the eviction process and did file a demand for rent. I do have his security deposit and could apply that to his rent but he destroyed my property and I want to hold him to his Feb rent and use his security for damages. I plan on going to small claims court to try to collect two more months of rent. Can I cash the check?

Was the second check replacing the bounced check for January or was it for February's rent? If it was a replacement for January then I don't believe you can redeposit it. You will have to go through the eviction process and attempt to reclaim the February rent during the process as well as the bounced check fee. Just my opinion.

Posted by John L, CA on Wednesday, March 1, 2017