Is post dating a check illegal in ny
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However, if the security deposit and first month's rent are at stake, a Tenant is much less likely to walk away.
Viewed in that light, a Tenant's payment of the security deposit and first month's rent in advance is not so much about paying for a service/product before it's provided but it is to secure the Tenant's commitment to the signed lease so that a LL can be confident in rejecting any future applicants to lease the property.
What is said above is true though, likely the bank wouldn't even notice the date and cash it anyway.
However the deposit would still be due at the time of lease signing, so you couldn't post-date that, unless the landlord for some reason agreed to those terms (which I think is unlikely). Employers post-date checks they print all the time.
The lease will be signed today, but the lease term doesn't commence until Feb 2010.
Only on the date upon which you've agreed that the check transaction will take place.
Depending on your state, I believe most landlords give you a certain amount of time to take possession of the apartment. A nutty post (forgive my outspokenness) but so outside the realm of reality. Cash in hand holds a unit not a check that can bounce or be canceled For the places I've lived with tenant protections, the answer would be both.
In such places with legal protections, the landlord cannot require that you pay rent months in advance.
The fact that the LL wants the convenience of collecting the check along with the deposit and signed lease does not mean they are owed money for a service/product they have not yet provided. Otherwise, using the hypothetical posed earlier, if Tenant finds a better apartment in January, they can simply cancel a post-dated check and the LL would have lost precious time in getting the property rented.
LL would have a breached lease with no money in hand to offset the lost time and little likelihood of getting the signed lease enforced.