Postdating a check in california

Or were you depending on the fact that he would notice the date was in the future and not cash it until then?This piece of information will make a big difference in whether or not you can approach the landlord about it.I'm not a lawyer but I believe a contract requires offer, acceptance and some consideration.The landloard gets no consideration for holding you check until a later date while you get the advantage of having "paid" your rent on time without actually having done so.With everything being so automated these days, I'd be amazed if anyone looked at the date field of the check. Not only that, but accepting a post-dated check is a bad practice. But, he's tragically killed in a car crash on the way home. The one time I didn't actually have the money in the account when I sent the check is the one time that they decide to hop to it. Now you may have some legal recourse, if you can demonstrate that you and your landlord had what amounted to a contractual agreement to hold checks until the postdate.But, is that really worth the relatively small amount of money it cost you in OD fees?

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Personally I suspect that it was just a clerical error, and that he will be highly embarrassed.

UCC Section 4-401 (c) (c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty.

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