Questions & Answers
Bounced rental cheque
What could be consequences if my rental cheque is returned?
Do I have 2-3 months after the date of the cheque to arrange the necessary amount?
What is the worst case scenario for me?
If you failed to pay a rental cheque, the landlord has the right to proceed with the following actions:
1- File a police complaint about a bounced cheque (Crime: dishonor a cheque as per article 401 of the penal law),
2- File a case before the RDC (Rental Dispute Committee) to claim for the rent value and eviction. If you can arrange the necessary amount and pay at the police station or the RDC, then both cases will drop and he will not be able to evict you.
However, if you continue to fail in payment of the rental amount or worst case scenario as per your query, you can get a judgment from the criminal court with imprisonment or a fine and you can also get a judgment from the RDC to oblige you with payment of the rental value and you will also get a judgment to evict you from the premises.
Advice: Try to arrange the payment for the cheque before it goes to criminal court and before the landlord files the RDC case as then you will have to bear the expenses for filing the case. You do have some time to arrange for the payment of the cheque but I do not think 2 months maybe less than that a judgment can be issued against you if the landlord proceeded with the cases as mentioned above.
Hope the above is clear.
Alaa Momtaz
