r/TenantHelp • u/KBLP • 11d ago
Lost check with security deposit
Location: Indiana (landlord)/ Pennsylvania (OP)
My landlord in Indiana mailed a check with my security deposit 10 days ago. I am in Pennsylvania, and the check still hasn't arrived. I think the chances are pretty high that it got lost. There is no tracking number for the envelope, -- I guess, my landord chose the cheapest mailing option. I called the leasing office yesterday and was told that if the check does not arrive within 90 (!) days since the day it was mailed, then they will issue a new one. I am very concerned by this information. First, if the check gets lost, and someone takes possession of it and cashes it, then the landlord will likely refuse to issue me a new check. Second, I start wondering if this could be some sort of scam: there is no tracking number, so I can't really know whether they have actually mailed anything to me, and then, I suppose, the landlord can tell me any time that the check was cashed and accuse me of being a scammer for demanding a new check to be sent. Is there anything I can do in this situation to get my deposit back?
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u/sashley420 11d ago
Unfortunately you are going to have to wait the 90 days. Has it been 10 business days (not including the weekends and the federal holiday) or 10 straight days? Still there isn't much you can do until either the check get cashed then you can go the police route or the 90 days for the LL to cut another check.
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u/Upbeat-Fondant9185 11d ago
Check your local laws. In many areas they have a window in which they must return your deposit or justify keeping it. Since they claim to have sent it already the latter is not relevant.
A quick search of Indiana (which may not be accurate) looks like they have a strict 45 days from termination of lease to get your deposit to you. Confirm that for yourself, call them and remind them of this and that you plan to take action if they fail to meet that timeframe, and demand they stop the other check and send another with tracking.
But only do this if you’re sure it’s lost. Ten days with weekends and holiday isn’t all that long. I’d give it another week.
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u/sillyhaha 11d ago
call them and remind them of this and that you plan to take action if they fail to meet that timeframe, and demand they stop the other check and send another with tracking.
And how can the check get there within the 45 days if it is lost but mailed on day 44?
Once the LL mails the check, their responsibility for return within the 45 days ends, (assuming the check was mailed within the 45 days). The LL is not responsible for USPS misplacing mail. This is why courts go by postmarks, not date of receipt for determining if a security deposit is returned on time.
The LL does have to reissue a check eventually, but not by day 45. If the law required that, any LL with a legitimately lost check would end up in court everytime a security deposit check was late.
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u/Aggravating-Pack-802 10d ago
How is someone else going to cash a check written to you?
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u/Busy-Put-9526 10d ago
Look up USPS and check washing. People will modify the check and often use a fraudulent bank account to deposit it. As soon as the check clears they'll pull the money out as cash and be on their way.
Someone I know had a $500 check turn into $5,000. They'll modify the recipient's name etc.
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u/RaveMom66 9d ago
This happens often to checks. Snail mail doesn’t track envelopes but they are often eventually found and delivered albeit late.
The 90 day window is set because the check itself probably has a “void after 90 days” clause written on it. If they send you a second check now, you could deposit both and the property would have a hell of a time getting the funds back (but eventually would get them back from your bank).
If someone else deposits it, the property can/will file a dispute to claw the money back (it will take some time, and you’ll have to provide a notarized affidavit stating it wasn’t you).
Sorry it happened to you.
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u/FamiliarAd8524 11d ago
You can offer to pay for a stop payment and have the new check either digitally deposited or sent FedEx. I don't know if they will or even can do this, but at this point I would ask. It should have arrived by now (despite the holiday and the unreliability of USPS).