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Landlord never cashed my check from 2 years ago. Am I still obligated to pay? what is statute?

I payed the landlord by check 2 years ago but he never cashed it. Now he came by and gave me my old check back that he never cashed and asked me for a new one. Am i required to pay him or is it his fault by his disorganization? What is the statute of limitation in CA ?

11 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    You probably have to pay him. If you don't have the cash to pay him the money straight away since he caught you off guard you could probably reason with him to let you pay it in installments since it's partially his fault, but you got a product, you probably have to pay for it.

  • 1 decade ago

    a check is a "medium of exchange." When you have created a

    relationship with a merchant [landlord or store] who accepts a check,

    when you hand it over, you are responsible for keeping enough

    cash in the bank to cover it for 3 yrs.

    IF you run short and ask him to hold the check, that creates a

    new contract.

    if you never asked him to hold the check, and you always had enough

    to cover it, I wonder why you did not ask him within 90 days

    why he is holding the check.

    HE cannot require you to replace the check; it thus, becomes

    a social/cultural thing--not a legal thing.

    statute is 5 yrs but the bank will refuse it way before then.

    [A check is a written contract]

    Source(s): RE broker
  • DeeDee
    Lv 6
    1 decade ago

    it doesn't seem fair, unless you knew all along he hadn't cashed it. Yes, you need to pay. He is not a very good business man to not have caught it for two years.

  • 1 decade ago

    There isn't a SOL, the money is his. You were supposed to turn the money over to the state of CA when it was not cashed, as it was not your money.

  • 1 decade ago

    Yes, you are required to give him a new check. The money is still his, even though he failed to cash the original check.

  • Anonymous
    1 decade ago

    I found a check in a wedding card that was over two years old and cashed it, it went through, he could have cashed the original check but didn't want to surprise you ,it was awfully courteous of him

  • 1 decade ago

    You got the place to live in, received a benefit for which you cntracted and agreed to pay. Morally, you got something and owe him for what you got. Legally, he can send through the old check, but he wanted to avoid surprising you by giving you notice and asking for a replacement check. And if you want to stay in this place, PAY UP.

    Source(s): real estate attorney
  • 1 decade ago

    I am not sure about this. I know merchants only have 30 days to settle credit accounts when you make a purchase with a credit card.

    Example - Make a purchase, the merchant only sends transactions every Friday, if there was a merchant that didnt send in the transactions, I think they only have 30 days to pull the funds.

  • 1 decade ago

    Yes you still have to pay the money!

    Source(s): cazoodle.com
  • Anonymous
    1 decade ago

    you never paid - the money has been in your checking acct the whole time - you must not reconcile your checkbook or you should have been contacting him about it 1-2 months after you wrote it

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