Well if in fact it was never deposited, it would be the tenant's issue.
If it indeed was deposited, then the check should have been 'printed' and sent to the landlord.
If it was deposited in to HIS wrong account, then that is up to him to fix...according to the law, he received the money at that point.
If it was deposited in to someone else's account, then that is up to the bank to fix. Being he was the depositor, then he'd need to do the leg work. If in the end the bank refunded the tenant, then the tenant would still be responsible for re-writing a new check.
To me this all sounds like it's been made over-dramatic for the purpose of getting out of a lease. This isn't a Sherlock Holmes/Judge Judy situation, but one of picking up the PHONE and possibly mailing a letter/handing over a canceled check image.
I'm not sure if you read the entire post but all of those questions have already been answered.
The check was signed by the LL with his account number and deposited. The check has cleared my account. LL tells me its not in any of his accounts. While I know this is not my problem I was trying to help out and get him some more information from my bank. At first he blamed me and lied about the entire situation so I am done trying to help.
The check image has been sent to the LL
I told him if the monies are credited to my account then I would write him a new check but nothing before that.
The purpose of the thread was not to try to get out of any lease. The purpose was to find out exactly what was happening. As the events unfolded we got more information and found out that he lied about the entire situation. Since the thread is pretty long I'll do a little recap here
I mail out rent check on 2/25 with a post date of 3/1 on check. Since February is a short month I wanted the check to be there early.
LL sends me text on 3/5 saying he hasn't got rent check yet and if its not there by 3/10 then he will charge me a late fee.
I check my bank account on 3/6 and see that the check has cleared my account.
I text LL telling him he must have got the check because it has cleared.
LL tells me that he still never got it. I show him the check image and he admits that it is his signature and account number on check.
After many calls to my bank to find out what is going on I realize that something is fishy with his story
LL admits that he got the check and wife tried to deposit it on 2/29 but bank would not allow it because of the post date. His wife either loses the check or it gets stolen. LL decides to lie to me and say he never got it in hopes that I would send him a new rent check.
There have been many many issues between the LL and myself. If you would like me to post them all then you can see all the crap that we have been dealing with over the past 9 months. So don't accuse me of starting this just to get out of the lease. We were already in the process of finding a new home before this garbage went down.
I cannot trust this guy any longer and don't feel safe in this home thats the bottom line.