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If a tenant loses his security deposit cashiers check amd never asks for a year, can they claim sec deposit ?

  
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If a tenant loses his security deposit cashiers check amd never asks for a year, can they claim sec deposit ?

Postby chatima » Wed Oct 26, 2011 5:25 am

I lost the checks made for a security deposit. The landlord sent
e cashiers checks a year ago. I asked the landlord to issue me new checks now. Landlord said that ge will ask his bank. it has been a year and how come I never mentioned it.After talki g to hia bank He got back to me and told me again that the checks were Cashiers checks and became void after 90 days. Landlord says that tthe bank did not give him the money cause cashiers check is like cash. He told me that I should have morified him in 90 days he is nit respobsible Basicly like losing cash. He doesn't want to sue the bank nor wants to issue me a new check from his pocket. I called State of MA consumers rights but they said that there is nothing they can do for me cause it was a year ago and it was the tenant's mistake to lose the cashiers checks sent by the landlord for the sec deposit. They added that The tenant must have notified the landlord at the time in 90 days that the checks were lost because the che ks were cashiers checks. But I need the money Despite all some people advised me and they think that I still might get it. Can I get that money or not?
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If a tenant loses his security deposit cashiers check amd never asks for a year, can they claim sec deposit ?

Postby darik2 » Wed Oct 26, 2011 5:28 am

No. I am an attorney. If the check was a cashiers check, it gets void after 90 days.It clearly says on it! The landlord already paid to the bank to purchase those checks. You are paid. A cashires check is like cash. You basicly lost cash! It is up to the bank to re issue a new check or not. You can't simply ask your landlord to go to the bank and ask them to reissue a new check for you. You can't expect your landlord to pay it from his own pocket because of your irresponsible behavior either. Some banks do re issue checks but some don't.Bank of America does not. But Citizens Bank does. It really is up to the bank. If the landlord told you that the bank did not reissue the checks, then there is NOTHING you can do. Since it has been after 90 days and the bank was not notified during that time, the landlord nor the bank are NOT responsible. By the way if you are thinking of bringing a lawsuit against the landlord, think twice because you will lose your case. Even if the court would order the landlord to ask the bank to reissue checks for you(very unlikely) then the landlord would have to take the bank to court to force the bank re issue the checks. That would cost money to the landlord. In order to recover his/her lawyer expenses, the landlord would have to sue you. To sue a bank is very much costly. You may end up paying much more than the security deposit. It has been a year, it is your irresponsible behavior. Move on.
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If a tenant loses his security deposit cashiers check amd never asks for a year, can they claim sec deposit ?

Postby sonny » Wed Oct 26, 2011 5:38 am

You can not get your money back.

The cashier's check said right on the face of it: "void after 90 days". Coming back a year later and saying you lost it is just irresponsible.

Sorry.

- Stuart
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If a tenant loses his security deposit cashiers check amd never asks for a year, can they claim sec deposit ?

Postby ingel » Wed Oct 26, 2011 5:54 am

A year later? Get real.
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