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.
The loss may include damages for dishonor of subsequent items under Section 4-402. You're writing a future date on the check, not past, to ensure that the check will not be deposited before that day.
Keep in mind that this may change from place to place, since not every country has the same rules.
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.
As a landlord, collecting a check that has been postdated could be dangerous.
The tenant may know that he or she will not have the money in time, the check could have a stop-payment placed on it, or the check may bounce.
Unless you are 100 percent sure that the tenant can be trusted and that there will be funds to cover the check when it is ready to be cashed, it may not be a good idea to accept a postdated check.
But it was suggested that, perhaps, having such a check would make it illegal for the business to In the United States, post-dating a check, on its own, has no valid use.
It can be cashed at any time at the discretion of the bank.
You would need to send a notice of postdating to your bank describing the check.
This doesn't prevent the recipient of cashing the check, but it does prevent your bank from charging your account until the date you specify NOTE: This may be considered a form of stop payment, and you may be subject to the fees noted by your institution.