Does postdating a check work
While it may be a crime for a tenant to write a check when there are insufficient funds in his account to cover the check, California's worthless check laws may not cover a landlord if a postdated check was accepted.According to California's bad check law, writing a check with the intent to commit fraud or knowingly writing a check when there are insufficient funds to cover the full amount of the check are both illegal.
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.
Post-dated checks are a risky form of do-it-yourself credit.
The main reason the law lets banks cash post-dated checks is that it’s too hard to look at checks for their date.
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.