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.There’s nothing wrong with post-dating a check and asking the person you owe money to hold off on cashing it.People do this all the time, and it's not against the law.The Uniform Commercial Code states that a bank may honor a postdated check provided the check is otherwise safe to cash and the account owner has not provided the bank with "reasonable notice of the postdating.This means that a tenant may legally postdate a check to you and that you may even be able to cash it when you receive it, but if the bank has been notified of the postdating you will have to wait until the date listed on the check instrument before you may receive the funds.Any check that's properly made out and has your signature is treated as legal tender, and the bank is free to hand over the money to the holder of the check.There is, however, one situation in which a bank can be held liable if they cash a post-dated check too soon.
I was recently given a post dated check for K from someone who owes me money.
Problems crop up when the person holding the check jumps the gun and takes it to his bank anyway.
Banks aren't obligated to wait until the date on the check to cash it.
However, if the tenant writes the check with the intent to have funds in the account on the date that the check is postdated for, there is no intent to commit fraud or pass a worthless check and therefore no illegal activity has technically taken place.
Accepting a check that is postdated may provide the tenant with a legal defense that negates criminal intent even if the check doesn't clear.