Can I get in trouble for this?

Question

I signed a lease with my landlord as July 1,2008. I sent a check in the mail for 1200(which covered 400 for security and 800 for the month of July, I already paid her 400 for security). Well I dated the check for July 5 because she asked me to date it for when she can cash it but she cashed it on July 3 in between that time I told her I was going to break my lease because I had a family emergency and was moving back to IL.( the lease was in FL) She said that was fine if there is anything she could do just to let her know. I told her my boyfriend would rent the apartment so she didn't have to look for anyone. The landlord then signed a new lease as of July 15 with my boyfriend. The landlord never asked me to pay her the 1200 from the bounced check. She never contacted me again. On Aug 27 she had an attorney call me because my boyfriend passed away so now she wants to sue me. The landlord wanted money from me but name wasn't not the lease anymore. My boyfriends mother said the sign on the apartment said as long as you vacate by this date then you do not owe any fines. How can she be suing me now for the 1200? The landlord never wanted it from until she found out my boyfriend had passed away? Should I be worried? I am going through a hard time as it is because he was my boyfriend and he died and I am pregnant with his child so this is the last thing I want to have to worry about right now. So if you can help it would be greatly appreciated. Thanks

Answer 1

if you signed a valid lease then you are responsible for that month and since the check bounced, you have to make good on it. you then told the landlord your boyfriend would rent your apartment so she used the security to cover him plus your months rent. now the landlord is out that one month and security because your check bounced. sorry but you are responsible.  

Answer 2

Why did she cash the check? And why did it bounce? If I am understanding correctly she should have not cashed it. You should probably contact her and the attorney that notified you and find out what exactly is going on. I used to manage apartments so I can try and help you. You may need to get an attorney if they do not try and help you resolve the situation. Also was that $1200 still owed to her? Legally if you are not on the lease she cannot charge you for rent BUT if you wrote her a check and it bounced you are held accountable for the amount bounced plus a fee or 3x the amount of the check.  

Answer 3

You're not really in any legal trouble at this point, although bouncing checks can be hazardous to your freedom and bank account.

If she signed a new lease with your now-deceased boyfriend, she can't come after you for rent because she can't rent the premises twice for the same rental period.

I'm mystified as to why she is suing you for the $1200, as she would have had to reimburse you for it when she permitted you to break your lease in the first place.

She may simply be hoping to intimidate you into paying. Letters from lawyers often do that to people.

Answer 4

Yes.  if you post dated the check it is still a check from you.  You signed it and you need to pay it.  the lease if your name is off should not be a problem if you seen your lease destroyed.  If not you could also have that to deal with on top of the 1200.00. if they have a check company try to collect on the bounced checks and i'm sure they did you could have that fee also.  the best thing to do is pay.  learn this lesson so it does not happen again.

Answer 5

It is a crime to write a cheque when you do not have the money in the bank to cover it. The problems you're having - not her business. This is a contract and as sad as it is that he died and you're pregnant, she's a businessperson and not a party to that at all. You owe her money on a contract and she can sue you. The judge will feel sorry for you but the law is the law. The best way to handle things is try to make a settlement agreement with her to pay less than what you owe.

Btw....a post dated cheque can be taken as a promisory note so you're screwed if you fight it. You can go ahead and waste a ton more money but I think you know you're wrong.

Answer 6

If you ever watch Judge Judy, you'll know you'll probably have to pay half of July, since she signed a lease with your bf from 7/15, and you had backed out of the lease already paying July and then cancelling.  Sounds like a real nightmare.  Keep the hope alive!  And try and get copies of all those leases.  If you can prove what you say with documents, you should be able to get out of paying from 7/15-8/1.  But I'm just guessing here.