Pre dating checks legal dating someone out of your comfort zone
Accepting a postdated check from a tenant may seem like a surefire way to get the money that you are owed, but this does not always lead to payment and sometimes may even lead to further complications.
Unless you are 100 percent sure that the tenant can be trusted and that there will be funds to cover the check when it is ready to be cashed, it may not be a good idea to accept a postdated check.
People typically do this when they want to give a check to someone but aren't certain they'll have enough money in their account until a certain date to cover it.
State and federal laws cover the cashing and depositing of postdated checks, and laws vary from state to state.
However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.
Accepting a check that is postdated may provide the tenant with a legal defense that negates criminal intent even if the check doesn't clear.
In situations in which the tenant can be trusted, the landlord has known the tenant to be an honest, on-time payer or the landlord otherwise believes that the money will be in the tenant's account on the date the check posts, accepting a postdated check can be beneficial.
It's not illegal to postdate a check, unless you're attempting to commit fraud.
You can land in legal trouble if you intentionally postdate a check knowing there will be no money in your account or the account will be closed by the check's date.
Lamphere holds a Bachelor's degree in business management and is an experienced author, content manager and editor.
You postdate a check by writing a future date on it.