Legal Question in Real Estate Law in Idaho

Can my landlord evict me for bouncing a rent check?

I just discovered that the rent check I gave my landlord bounced. This has happened once before but I paid the rent in cash before the landlord even knew the check didn't clear. I will pay my rent in cash again within 48 hours. Is a bounced rent check grounds for eviction?


Asked on 10/06/99, 6:51 pm

1 Answer from Attorneys

Jeffery Hess Hawkins-Smith

Re: Can my landlord evict me for bouncing a rent check?

You should not consider this opinion that I am representing you as counsel.

The answer depends on what you agreement with the Landlord says. That is to say, the lease may say that a returned check is a default, or that a series of returned checks may be a default. You need to look at the lease. If the Landlord has incurred some costs ie bank charges for a returned check you may owe that amount or a flat fee. Normally if you pay in any method before the rent is delinquent (look in the lease for this time frame) 5, 10 days it is not a default.

Has the Landlord given you notice of the delinquency? Usually there is a required notice period. Landlords must go through a legal process in most cases to evict you if you stay.

Best bet is as soon as you get a notice is get and attorney. Other best bet is to always communicate with your Landlord and always do what you say you will do. Don't tell the Landlord something you know you can't perform.

Again, I am not representing you and suggest that you do get a lawyer to give you an opinion.

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Answered on 10/07/99, 8:33 am


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