contract-law residential-lease consumer-protection
Is it legal for landlord to submit a post-dated check early then apply fees for it bouncing
<p>I normally submit rent on the 1st of the month after I get paid. This month I wasn’t going to be in town on the 1st so I gave my check to my landlord early with explicit instructions to not submit the check until the 1st, she agreed to not submit it until the first. Also, the check was post-dated to the 1st so my understanding was the check couldn’t even be submitted until the 1st even if she tried. Nevertheless my landlord tried to submit the check and it bounced and she is now charging me fees for the bounce say it is my fault that she forgot. </p>

<p>Do I have any legal right to not pay the fees? Again I did post-date the check and explicit ask her to not submit it until the 1st which she aggred to. </p>

<blockquote>
  <p>Do I have any legal right to not pay the fees?</p>
</blockquote>

<p>Yes. You <em>reasonably relied</em> on the landlord's agreement that she would follow your direction(s), whence you are not liable for errors the landlord makes and which you specifically cautioned her to avoid.</p>

<p>However, unless there was something in writing that reflects your request, it is foreseeable that the landlord will deny that you gave her that indication. If she denies it, the difficult part might be for you to prove that the landlord agreed not to submit the check ahead of schedule.</p>

<blockquote>
  <p>Do I have any legal right to not pay the fees?</p>
</blockquote>

<h2>On the facts, you must pay the fees</h2>

<p>First, a check is a negotiable instrument as soon as it is signed irrespective of the date on it - anyone you give it to is entitled to bank it and your bank is required to pay it from your funds. </p>

<p>Second, signing a check knowing you do not have the funds to cover it is illegal.</p>

<p>As such, the agreement you made with your landlord is not a contract as it is void for illegality of purpose - because the agreement required an illegal act on your part. Also, because you didn’t give anything of value for your landlord’s agreement it is void for absence of consideration. As the agreement is not a contract no consequences attach to the landlord for failing to abide by it.</p>
