Legal Question in Credit and Debt Law in Florida
i rented a studio for buisness, paint splotch was on rug from painting. Owner said he would keep $400 deposit. Then made my husband give another 400.00 chk. I stopped the check since we already agreed on an amount. Its 80sq feet = $800 he is threatening to sue for felony charges. There was no attempt to defraud, he didnt provider any service and he had my security deposit. The lease was between him and I, not my husband. Do I have any right? I live in Florida
4 Answers from Attorneys
Yes, you have rights. Ask the LL to provide an estimate (or receipt) for the repairs. Based upon the estimate (or receipt), you will know whether it is a $400 or $800 job or somewhere in between. The LL can recover his actual damages, but not more.
The criminal threat is just that -- a threat. The LL will have to sue you (not your husband) in civil court to recover his damages. No criminal action is warranted in this situation.
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Why did you give a check and stop payment? That will be your problem.
The criminal threat isn't just a threat; it could be real. Stopping a check in that amount could be a felony. You may want to speak to a lawyer about Florida's worthless check statute.
I stand corrected. I missed the point about the worthless check.
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