Careful taking checks!

[Cal C.]

This is my first biggerpockets post but I've been here for more than three years however I have never actually joined. I figured since I've learned so much I should start posting a few of the lessons I've learned as a landlord.

I'm in the process of evicting a tenant. Long story and I might tell it sometime, but I want to stick to a quick point.

In GA, when a check is written for more than $500 then bounces it can be a felony. However, the person taking the check has to either redeposit the check or to get the legal ball rolling they have to send a notice to the writer within 30 days of the check bouncing demanding the writer make good on the check and bounced check fees.

My tenant probably knew this and wrote a check showing the previous month's date, even though they had already paid for the previous month. Since I received the check more than 30 days after the date written on the check, it then became harder for me to prove that I met the 30 day window for demand.

By writing the check this way the tenant probably kept herself out of jail. That is because in GA when someone doesn't make good on the bounced check within 10 days of receiving the demand letter then they can be prosecuted for a bad check,which as stated previously can be a felony.

I'm not trying to explain all of the intricacies of GA hot check law, I'm just pointing out when a check is dated for the previous month, something is squirrelly and I strongly suggest returning the check.

Also one other tip. For my newer tenants I use a rent collection service that for a fairly small fee, makes my life much easier.

[Rolanda Eldridge]

Welcome! I was a lurker for years before joining...BP is a great resource!