Florida Laws on Stopping Payment of a Rent Check
Stopping payment on a rent check allows you to cancel the check before it is cashed by the landlord. You may decide to stop payment if you do not have sufficient funds or decide to move out of the home. Whether you are intentionally committing fraud or just made a banking error, in Florida consequences are associated with canceling a check you wrote to cover your rent.
Stop Payment
If you choose to stop payment on a legitimate debt, such as your rent, it is often considered fraud or an attempt to defraud. If you discuss the situation with your landlord and make arrangements or are granted an extension, canceling the check will not be considered fraud. A stop payment is generally not considered a criminal offense. Your landlord may be willing to work with you or allow you to pay the rent along with any fees. If you fail to pay rent, your landlord has the legal right to begin the eviction process. If you refuse to cooperate, you may be charged with fraud or intent to defraud. As of 2011, check fraud over $150 is a third-degree felony and carries a penalty of up to five years in jail with a $5,000 fine.
Worthless Check
If you write a check for your rent but know that the funds are not available to cover the amount or write a check from a closed account, the check is considered worthless. The consequences of writing a worthless check are similar to stopping payment on a check. As of 2011, a worthless check charge in Florida is considered a first-degree misdemeanor if the check is less than $150. The potential jail sentence can be up to a year and fines up to $1,000. If a single check or multiple checks add up to more than $150, you can face a third-degree felony charge with a potential sentence of up to 15 years in prison and fines up to $10,000.
Diversion Program
First-time offenders guilty of passing bad checks in Florida can be put through a Diversion Program allowing them to escape prosecution. Typically, the program applies to worthless checks but can also include stopped checks classified as fraud or an attempt to defraud. If you qualify for the program, you must pay the debt in full and a fee to the State Attorney's Office based on the amount of the check.
Legally Withholding Rent
In some cases, you may legally be able to withhold rent from the landlord. If the landlord fails to provide a safe, healthy environment in compliance with Florida's landlord-tenant law, you are permitted to withhold rent and place the funds into an escrow account with the court or other state agency, provided court action is pending. As a tenant, you will need to contact the landlord to make him aware of the reason you are not paying rent. In cases where the landlord refuses to make the necessary repairs, you may be allowed to break the lease. If you have questions regarding your rights or need legal advice, contact an attorney. Legal aid organizations offer free or low-cost advice and representation to those who cannot afford to hire an attorney.
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