Rent checks are quite often not paid in person by the tenant. This makes identification much more difficult. Although they are difficult to prove as theft cases, they may be filed as issuance cases if identification of the maker can be established.

What to do when you receive a rent check.

The landlord should always contact the maker's bank to determine if there are sufficient funds when receiving a check at the beginning of the lease.

If the landlord did not witness the signing of the check, then he should confront the tenant (with a witness) to confirm his signature or to determine who did sign the check.

The landlord should send a certified letter, return receipt requested, demanding payment within ten days.

A copy of the written lease should be provided when the landlord files the check with the County Attorney or the Justice of the Peace.