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My landlord went past the 21 days for my deposit now wants to send me 600 can i cash the check and then go after the rest?

Stockton, CA |

he was a week late for the walk through then i had to call and record our phone call plus a letter now he wants to send me half can copy the check and cash it and still sue him

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Attorney answers 2


Yes, so long as the landlord is not conditioning your acceptance of the money on your agreement that it is payment in full. He may do so in a cover letter he sent you, or he may do so by writing "paid in full" or something similar on the check.

If he is placing such a condition on your acceptance of the money, then legally he has not paid you anything at all. Return the check and sue him for the full security deposit.


Yes you can sue, assuming the check for $600 is not conditional (such as with a notation "paid in full").

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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