Legal Question in Credit and Debt Law in Florida

rent due and husband goes on a drug binge

I had sent the payment for our rent and my husband went on a drug binge (crack cocaine) I had to move out of our apartment for my safety and my 2 baby daughters and my car was 2 months behind. I found out through the phone records that he had been contacting his drug supplier for quite some time and that he had overdrawn the bank account by almost 1,000 in one night.My parents and sibblings older than me helped me move out. i put a stop payment on the rent check to be able to survive and of course, i am broke but my bills are paid and my parents and sisters are helping until i get government help, day care help so i can work. Babies are 2 and 6 months old. The land lady is threatening me with jail and wants her money right now and i tried to make arrangement to pay over a period of time but she won't accept other than the full amount. what can i do? I am 22 and what i did was not done maliciously, but out of need.


Asked on 12/05/07, 6:49 pm

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: rent due and husband goes on a drug binge

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

First and foremost, the landlady cannot put you in jail. Only a judge can do that. She can sue you for eviction or for breach of the lease and damages including unpaid rent. Since you already moved out, you cannot be evicted. She would be smart to accept whatever payment arrangements you offer since she will be unable to otherwise collect any monies from you. From what you say, you are judgment proof although having a judgment against you will seriously damage your credit history.

Scott R. Jay, Esq.

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Answered on 12/05/07, 11:28 pm


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