What are my rights in this situation between me and the landlord?Was it illegal of them to deposit the check before the fifth, or is post-dating merely a suggestion with no legal basis? The date on the check is merely for reference (except to the extent that a personal check is not valid after typically 6 months from the issue date) and neither the bank nor the payee has any legal obligation to honor it.You can land in legal trouble if you intentionally postdate a check knowing there will be no money in your account or the account will be closed by the check's date.
For example, if the customer verbally informs the bank on May 1 that the customer has written a check with the date June 1, the bank will not be liable if it pays the check on May 15.
If you write a check and pass it, you are responsible for there being sufficient funds in the account to cover it at the time it is issued regardless of when the check is dated for.
The bank is under no obligation to hold a post-dated check. He writes me a post-dated check, saying he'll put the money in his account when he gets home in two days. I guess all the other times, they weren't holding the check until the fifth as much as they were just waiting to deposit all of the checks at once.
If a bank does pay a postdated check before the check’s date even though it has received proper notice from the customer, the bank is liable to the customer for any loss resulting from the bank prematurely paying the check. §§ 11-4-401, 11-4-403) West Virginia law contains several prohibitions addressing early payment of postdated checks.
In other words, a customer who has properly notified the bank of the postdated check can sue the bank for cashing the customer’s postdated check before the postdate if the bank’s action causes the customer loss, such as causing other checks to bounce. The West Virginia Code prohibits a person from requesting or accepting a postdated check while intending to deposit or cash it before the date written on the check.