My son in college is renting a house with three other boys. The real estate agent told us we must give nine checks now, post-dated for each month. The rental begins in September. She said this is how it is done. No rental unless we comply. Are post-dated checks legal?
Giving out a post-dated check is not illegal although in most cases it is ill-advised. Banks do not routinely check dates on checks, and the law permits them to honor post-dated checks before their dates, unless their customer notifies the bank of the post-dating and asks that the checks not be paid early.
When a bank gets that sort of request, it can charge a stop payment fee for each check, so managing the post-dated checks in this way can be expensive. Issue those checks if you want to, but understand the risks or costs involved. You might want to look for different housing arrangements.
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