Legal Question in Landlord & Tenant Law in Florida

I signed a lease with a tenant last night and she gave me a check for the deposit and first months rent pro-rated for last week in January. I went to cash the check and the funds where not there, I have another couple that is interested in renting and I would like to void the contract with the tenant that I signed with. Is it ok to do that?


Asked on 1/14/10, 8:22 am

4 Answers from Attorneys
David Slater David P. Slater, Esq.

I would

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Answered on 1/19/10, 8:33 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Contact the tenant. You have a contract, so I am not sure that you can just walk away from it at this point. The tenant may not want the unit now, though.

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Answered on 1/19/10, 9:55 am
Lucreita Becude Lucreita D. Becude, P.A.

If the check was post dated check for the last week in January (which is illegal to do ), that is why there were no funds there. The question is, - does rent begin Feb or Jan. If your contract starts in Feb. then you have a contract and she could sue you.

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Answered on 1/19/10, 11:04 am
Lesly Longa Longa Law P.A.

Contact the tenant to let them know. If they cannot produce a check that you can cash asap, then I would let her know it is void since she is unable to pay for the last week of January and the deposit as required in the lease.

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Answered on 1/20/10, 8:07 am


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