I cashed a five month old check from my landlord (yearly safety deposit interest check for $2.94) and it bounced because the account is closed. I sent it back to my landlord requesting the $2.94 and the $10 fee associated with it. My landlord reissued another $2.94 check, but is refusing to pay the $10 service fee saying I waited too long to cash it. Who would think a little check like that would bounce? She should have put a note on the check to cash within a certain timeframe. My landlord is cheap and the only way I can get a refund of the $10 service charge is to tell her legally that she is responsible somehow.
If the shoe were on the other foot, your landlady would demand reimbursement for her bank's fee, if she had held on to your rent check for five months and it bounced. The fact of the matter is, if your landlady paid attention to her checking account balance, she would not have become overdrawn, even though the check remained outstanding for so long.
Whether or not your landlady is legally responsible for your bank's fee is something that you really don't want to spend time or money to determine, particularly since it's not likely to be mentioned in your lease. Your landlady should give you the ten bucks out of a sense of responsibility, then you're going to have to drop the matter and move on. There are times when standing on principle is highly overrated.
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