Legal Question in Landlord & Tenant Law in Florida

When my tenant moved out in January, she was $2500 behind in rent. She provided me with post dated checks and asked me if I would wait to cash them until she got her tax refund. I agreed.

The night before I was supposed to cash them, she emailed to say that she had to close her bank account and would provide me with new checks once she got her new checks for her new account. I haven't been able to get in touch with her since.

Two weeks ago, I deposited the original checks that had been dated 2/15/2013. When I deposited them, the bank told me the account was not closed and the account was active. The checks were returned as "Stop Payment".

Even though I accepted a post dated check, can my tenant still be charged with a crime due to fraud and issuing a stop payment on the rent she owes?


Asked on 3/21/13, 8:16 am

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Take the checks to the State attorney's office - file bad check claim forms - they will take care of it from there. You might tell her your plans and this is called a FELONY to write bad checks and she can be prosecuted under the law. Bet she runs over with the cash.

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Answered on 3/21/13, 10:51 am


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