Legal Question in Real Estate Law in Minnesota

Re: Can they keep my check

The tradtional way to deal with this issue is for you to insist at the time you make the payment that they give you back the check. That way they can't deposit it again even though it has been paid. Now that it's too late for that tactic, I'm not sure there's much more you can do, unless you want to stop payment on the check just to make sure. The trouble with that is it will cost you a bank fee.

Here's my suggestion. Do a letter to the landlord requesting the check to be returned. Keep several copies of the letter for your records. Inform the landlord in this letter that if they won't return the check to you, and if thereafter they mistakenly deposit the check again, you will hold them strictly liable for all costs incurred as a result. Send a copy of the letter to your bank as well. Then file a complaint with your local better business bureau and use a copy of your letter (plus any response you may receive) as an exhibit to your complaint. The BBB can't really do anything except be persuasive with your landlord, but it's better than doing nothing.

You might also check with the city where you live, specifially the city licensing division. If the city has a licensing requirement for the rental unit, you could complain to the licensing authority. Again use a copy of your letter as an exhibit.

Good luck.

Disclaimer: This response does not create an attorney-client relationship and is for general information purposes only. You are advised to consult the lawyer of your choice concerning the specifics of your case.