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Are post dated cheques a binding contract?

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  • Are post dated cheques a binding contract?

    Are post dated cheques a binding contract when no other contracts have been made or signed? I have written post dated cheques to our landlaord because he winters in the southern states and it makes banking easier, but now that we have tried to give notice on January 1st he says that the post dated cheques are a binding contract and that we have to pay him until spring. We have never before discussed anything like this and we havn't signed anything in the three years we have been living here. I feel like he is just trying to threaten us because if he allowed us to stop payment then he would have to come back to Alberta to try to rent out the unit. PLEASE HELP!

  • #2
    Re: Are post dated cheques a binding contract?

    I wish to inform you that contract is made when an offer is accepted by the party. In this signing of contract is not required and oral contracts are also valid contract. Therefore when you had agreed to have the premises till spring then you have entered into agreement. In this if you break the agreement before agreed date then you may have to pay damages resulting directly from your termination of contract. If there has been no agreement that you will keep the premises till spring then as there has been no offer and acceptance you may terminate lease because then you are like a month to month lease and therefore terminate by giving notice.



    • #3
      Re: Are post dated cheques a binding contract?

      You can still cancel the checks if the reason for payment no longer exists in your opinion.


      • #4
        My leasor agreed to post dated cheques; has been cashing them as they are due, but has suddenly changed his mind and is requested I pay the balance immediately. Is that legal on his part? No cheques had bounced,


        • #5
          Yes it is still legal to demand payment when due.



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