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In the world of renting and property management, trust is everything. Whether it’s a first-time tenant or a seasoned investor, everyone expects financial agreements—especially rent payments—to be honored. But when a tenant issues a check that bounces or attempts to pay using insufficient funds, it doesn’t just strain relationships—it could trigger serious legal consequences under Florida law.

What Is a Bad Check and and what are The Risks of Giving a Bad Check?
A bad check—often referred to as a “worthless check”—is a check that a bank refuses to honor due to insufficient funds, a closed account, or other issues that prevent the money from being withdrawn. In the context of rental agreements, this could mean rent that’s due goes unpaid even though the landlord was led to believe it had been settled.

Florida doesn’t take this lightly. Under Florida Statute 832.05, knowingly issuing a check or debit card payment without sufficient funds can be classified as a criminal offense. The statute clearly outlines the difference between an honest mistake and a calculated act of deception.

If a tenant provides a check with the knowledge that their account won’t cover it, that could result in a criminal charge—not just a civil issue. In fact, depending on the amount and circumstances, the penalties can range from a misdemeanor to a third-degree felony, carrying serious legal weight.

When Intent Matters: Not Every Bad Check Is a Crime
It’s important to understand that not every bounced check results in handcuffs. Florida law emphasizes the intent behind the action. If the check writer genuinely believed there were funds available and the check was returned due to bank error or unexpected timing, it may not constitute a crime. But if the tenant wrote the check or used a debit card knowing the funds weren’t there—or stopped payment on the check without a valid reason—that’s where criminal liability can come into play.

Even if criminal charges are not pursued, the repercussions can still be costly. Landlords and property managers may serve a Bad Check Demand Letter, giving the tenant a short window (typically 7 days) to make the payment good. If the tenant fails to resolve the issue within the required timeframe, the landlord may pursue eviction and potentially sue for damages.

The Landlord’s Right to Protect Their Interests
Landlords, investors, and property managers have legal tools to protect themselves. Florida law allows for recovery of not only the rent owed but also additional costs related to the dishonored payment—such as bank fees, legal fees, and court costs if the issue escalates.

Issuing a bad check is not just a broken promise—it can be grounds for immediate eviction proceedings, especially if it violates the terms of the lease. In most cases, landlords are not required to accept future payments in checks after one has bounced, and may demand money orders or certified funds going forward.

Know the Risks—And Your Rights
Whether you’re a tenant trying to manage your finances or a property owner trying to maintain cash flow, understanding the legal framework around bad checks is essential. Tenants should avoid writing checks or using debit transactions unless they’re certain the funds are available. And landlords should not hesitate to issue proper demand notices and take further action when necessary.

If you’re a landlord, investor, or property manager dealing with a tenant who issued a bad check—or a tenant confused about your rights in this situation—it’s essential to get experienced legal help.

Eviction Law Firm – Risks of Giving a Bad Check

The Eviction Law Firm is here to guide both landlords and property owners through Florida’s complex eviction and payment enforcement laws. With deep expertise in real estate disputes and tenant issues, the firm can help you issue valid Bad Check Demands, initiate eviction proceedings, or defend your rights in court. Don’t let a bounced check disrupt your business or peace of mind—contact Eviction Law Firm today. Call 877-573-8428 or request hiring documents.