State Specific Question About: OHIO (OH)

General answer: Depends on the judge.

I recently won a court case because I wrote FINAL on the memo line.

I also stamp the back of the check with legaleez that says "cashing this means you accepted payment in full".

Indeed -- in most states, this means nothing really. (I'd love to see the court case where that worked for Brad -- unless Indiana has some very odd law, writing "FINAL" on a check certainly would NOT make it indisputable.)

We've discussed this before. See this thread:

bbs2.mrlandlord.com/display.php?id=14076503

The main point of it has to do with doing something in "bad faith." Unless the amounts have already been agreed to, then writing "paid in full" might easily be considered a "bad faith" move by the check writer and, therefore, would make it meaningless.

Note that if you RECEIVE a check like this then, to be safe if you want to cash it and still protest, then you should write something like this on the back:

"This check is deposited under protest, without prejudice, and with preservation of all rights of the payee against the drawer of this check pursuant to UCC § 1-207."

But that only applies in SOME states -- and even state laws seem to conflict on it.

The short of the matter is this: Writing "to pay deposit in full" likely does NOT exclude him from getting a lawyer and suing you anyhow. People can sue for anything.

That being said, most WON'T. How much are we talking here that they didn't get back and do you have good documentation for it? If so, then the most likely thing is that they will do nothing at all. Every ex-tenant threatens to sue. Most don't. :)

- John...

I write on the back of the check:

"Acceptance of this check constitutes full

and final refund of tenants deposit".

FOR DEPOSIT ONLY -- SIGNATURE REQUIRED

You can write that all you want, as I said -- it doesn't make a difference in most cases because a decent attorney would argue that a check over a disputed amount had that written in "bad faith."

It may work in front of some judges, sure. Feel free to do it. But the law may not be with you if someone really pushed it to a court that wasn't your local-yocal magistrate...

- John...

"to pay the deposit in full" - is badly worded and immediately caught my eye. Makes the recipient think he will be getting his deposit returned IN FULL - something that will be happening.

"Final Payment" might be a better choice. But as others have stated, could still be argued in court.

we send a letter along with itemized statement for the security deposit that states once you deposit or cash the security deposit check this settlement check the matter is settled. My real estate attorney told me that once a tenant cashes that that is the end and by cashing or deposit it they have agreed to settle for at amount. If he has cashed that check it settled, set back and see if they bluffing.

you can write anything you want on a memo line and it doesn't make it so.

Buy a new car, make one payment, write "paid in full" on the memo line and bingo ... you have a $30,000 vehicle for $400.

pay your electric bill and write on the memo line "payment for the next 60 months" ... bingo, 5 years worth of electric.

Payments in many situations go to "payment centers" and often times don't go through human hands any longer ... that's how if you send your electric check to the gas company and vice versa, they get cashed.

How long ago was this? Never heard for a SD refund by "installments" ;-)