Need legal advice.....please

[DOREEN1779]

They won't reverse it. Under some, limited, conditions a bank can put a "stop payment". That won't help you if the check was cashed.

I am curious. Someone told me you can stop payment on a cashier's check, what the conditions that you need to meet and what is the difference between reverse payment and stop payment?

 

[Lewisc]

I am curious. Someone told me you can stop payment on a cashier's check, what the conditions that you need to meet and what is the difference between reverse payment and stop payment?

Reverse a cc charge and the money is taken back from the vendor. Stop payment won't help if the check was cashed.
Stopping a cashier's (bank) is a big deal. Stopping the check and getting the bank to return your money are two different steps

 

[Pamlur]

I emailed a lawyer friend the OP post and got this response with a point I had not considered:

"Before reviewing the lease agreement, I would ask the client if they are prepared to deal with the potential consequences of having a history of litigation against landlords".

So, your friend is saying that the OP should say "okay, I'm happy to fund your living expenses while I have no place to live."? I don't get that potential consequences stuff, if we have all the facts, the OP has basically been robbed.

 

[Arielle22]

So, your friend is saying that the OP should say "okay, I'm happy to fund your living expenses while I have no place to live."? I don't get that potential consequences stuff, if we have all the facts, the OP has basically been robbed.

The lawyer means if a future landlord researches the OP and sees she sued a previous landlord, that might make the difference between getting a new apartment or not getting it.

Even if OP explains that she had been taken by the landlord and lost money, a new landlord may be scared off by the thought that the tenant could file a lawsuit against them.

 

[tvguy]

So, your friend is saying that the OP should say "okay, I'm happy to fund your living expenses while I have no place to live."? I don't get that potential consequences stuff, if we have all the facts, the OP has basically been robbed.

Sorry, I don't see that the OP ever confirmed whether or not they got their deposit back.

But yes, litigation against a landlord is going to show up on your rental record, and future landlords may find that reason enough to not rent to you.

 

[tvguy]

In re-reading the OP original post, they say the landlord has decided to move in themselves.
A very common lease clause is that a lease can be voided if the owner decides to move in themselves. The roots of that go back to laws designed to protect active duty military staff who get transfered back to their home city, and have rented out their property while they were gone. Usually they can break a lease with 30 days notice in that case.