known to be worthless when issued, both because such a check is not within the terms of the statute(17) and because the lender intends to extend credit, and does not rely on any representation by the borrower that there is money or will be in the account, and understands that there is a high degree of risk.
One of the myths that somehow refuses to go away is the myth that post-dated checks are "illegal." They are not.
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Please be aware that city and local laws can be more specific and in-depth than state laws, and landlords must follow their local laws.
Security deposits are designed to secure rent payments and compensate the landlord for actual property damage or the nonpayment of rent.
If a creditor accepts a post-dated check in exchange for merchandise or services, in many jurisdictions the seller is considered to have extended credit to the issuer of that check.
As a result, the transaction is not considered as issuance of a "bad check" since the creditor released the merchandise or performed the service in reliance of the check writer's promise to pay at some later date rather than in reliance of the check's negotiability.
There is nothing illegal, inappropriate, unlawful, unethical, unprofessional, or unconscionable about a creditor asking a customer to issue a post dated check, nor is there any reason a customer cannot issue one or a series of post dated checks to clear a past due balance.
There are several advantages to taking postdated checks in settlement of an account balance including these: 1.If a landlord has no reason to withhold the security deposit, as mentioned above, it must be returned within 45 days of the tenant moving out.If the security deposit is not returned in full, the landlord is required to provide a written itemized list to the tenant stating how the deposit money has been used to cover costs (whether it’s to cover unpaid rent or paying for repairs).In addition to covering costs at the end of the tenancy, security deposits are also a useful way to measure if a tenant is responsible with their money.Landlords often collect a security deposit to see if tenants have been able to accrue savings to pay the full security amount.The Chicago Residential Landlord Tenant Ordinance (CRLTO) has strict laws, especially for security deposits, which may be why Illinois landlords are the second most likely in the country to charge a move-in fee on top of a security deposit.