Legal Question in Landlord & Tenant Law in Nevada

I am not clear if you are looking to recover from the bank or from the landlady.

Let's look first at the bank. In the modern, automated banking world, tellers are not expected to check the date on everything that is slid across the counter to them for deposit or cashing. In Nevada this is codified at NRS 104.4401(3):

"A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty."

In plain English, unless you warned the bank ahead of time that you were making out a post-dated check to the landlady, so they could alert their tellers to not accept it ahead of the date, they cannot be held responsible for cashing it prior to the date on the check. They are right to charge the overdraft fee.

Now, you may have a good argument with your landlady for cashing it before you authorized, but if you delivered it to her prior to the date on the check, it would be hard to hold her responsible for your overdraft fee. You might be able to make an argument in small claims court, but it would hardly be worth the time and effort you would invest to chase after it.

Bottom line is that should not get in the habit of writing checks with instructions - in whatever format - that they cannto be negotiated for some period of time. Try to manage your calendar better or to make alternative arrangements to have it delivered when there is money in the bank to back it up.