My paycheck did not process in time and the check I wrote upon move in bounced. I am already in the apartment. Do I need to vacate immediately? After the overdraft fee I do not have enough money to pay the rent. Do I have any rights?
There may or may not be a provision in you lease regarding non-payment of rent, and what the recourse is upon non-payment. Without seeing the lease, I cannot advise you as to whether you need to vacate.
Unfortunately, there is no real defense for bounced check, and it was your responsibility to make sure the check cleared before you wrote the rent check. Your landlord may be understanding if you explain the situation, but ultimately the lease governs. Again, without seeing the terms of the lease, it is hard to give you a definite answer as to whether you should be prepared to vacate.
This advice does not constitute an attorney-client relationship until such time as we agree in writing to enter into an attorney-client relationship. This is general information that is given for legal education only. The information given is done so without knowing all of the facts and circumstances, and may not be applicable for your specific situation. I strongly encourage you to consult with a local lawyer who specializes in this area to get legal advice and help with your specific situation.
Replace the NSF check with good funds. Your lease should explain your obligations.
You will likely be responsible for NSF fee and Late fees so work with your landlord to get those paid.
Donald at Robinson and Henry, PC. The above information is provided to you “AS IS,” does not constitute legal advice and we are not acting as your attorney. Because we do not have a full view of the facts in providing the above information we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. Legal advice must be tailored to the specific circumstances of each case and the information provided to you may not be an appropriate fit in your case. Nothing here is provided or should be used as a substitute for the advice of competent legal counsel. This postings is for educational and information purposes only, not legal advice or legal opinions. The information is not intended to create a lawyer-client relationship between the author and you.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline