Security Deposit refund after4 years I refunded a security deposit to a tennant…

Security Deposit refund after4 years
I refunded a security deposit to a tennant even though they did not complete their lease agreement and opted for early termination. Apparently, they have not cashed the check for over 4 1/2 years and now they contacted me want me to honor the check. They did not provide me with their forwarding address so it was impossible for me to contact them. Must I now honor the 4 1/2 year old check?

2 thoughts on “Security Deposit refund after4 years I refunded a security deposit to a tennant…

  1. Re: Security Deposit refund after4 years
    Based upon the information you provided, a check is a promise to pay which if not honored can be enforced by a law suit. Checks have a relative short life span 6 mo to one year. Although there is merit to the previous reply, I would be in no haste to write a new check. There are many factors at play which may obviate the need to issue a new check. You should seek a consultation with an attorney. If you are in this area, call me at 305-940-8080.

    Alexander M. Rosenfeld
    Rosenfeld & Stein, P.A.
    18260 NE 19 Ave

    Alexander M. Rosenfeld
    Rosenfeld & Stein, P.A.
    11900 Biscayne Boulevard
    Miami, FL 33181

  2. Duration of Checks
    Q. I refunded a security deposit to a tennant even
    though they did not complete their lease agreement
    and opted for early termination. Apparently, they
    have not cashed the check for over 4 1/2 years and
    now they contacted me want me to honor the check.
    They did not provide me with their forwarding
    address so it was impossible for me to contact
    them. Must I now honor the 4 1/2 year old check?

    A. A check is a contract and an action can be
    brought if the statute of limitations hasn’t
    expired. In Florida the S/L on contracts is
    generally 5 yrs. You may not have had the
    obligation to refund 4 1/2 yrs. ago but you did
    and wrote a check. Now you are in a different
    situation and the fact of when and how they left
    is not the most important consideration.

    William W. Fernandez
    William W. Fernandez, Attorney at Law
    250 Panama Road East

    William W. Fernandez, Sr., J.D.
    Wm. W. Fernandez, Sr., J.D., Atty. at Law
    250 East Panama Road
    Winter Springs, FL 32708-3516

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