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.
With everything being so automated these days, I'd be amazed if anyone looked at the date field of the check. Not only that, but accepting a post-dated check is a bad practice. But, he's tragically killed in a car crash on the way home. The one time I didn't actually have the money in the account when I sent the check is the one time that they decide to hop to it. Now you may have some legal recourse, if you can demonstrate that you and your landlord had what amounted to a contractual agreement to hold checks until the postdate.
But, is that really worth the relatively small amount of money it cost you in OD fees?
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.
Since most "post dated" checks are written due to the account they are drawn on not having sufficient funds to cover it, depositing a check before its intended written date is more likely to result in it being returned for insufficient funds.
Since banks charge an often exorbitant fee for a bounced checks, it is in their best interest to process it, let it bounce and charge the fee instead of rejecting it.
While there's probably not one single rule, I've had a case where depositing a check failed (through my phone) because I deposited it a day before the date written on it (and it failed because of that).
So they do have the ability to OCR the date - whether all of them do it or not is another [email protected] Banking is a regulated industry. This is a personal finance site, for you to ask about your finances, and presumably you bank in one country.
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.
Laws about this sort of thing vary from state to state though I've never known of a state where it is legal.