Tenant gives non-sufficient funds check

[boynton tenant]

State of Florida.
My tenant gave me part cash and a $150 check to cover for September rent. As of today, 9/15 I have been at the bank 3 times trying to cash the check, I have called the tenant 6 times and he does not anwer my calls. My husband went to the property on Sunday and left a message for him to call us but no answer so far.
This tenant has a one year lease with five days grace period but he never pays by the 5th day of the month, always pays late. On August he paid late but did not include la late fee. Some times he has given me checks with no funds and I have been to the bank more than once in order to clear these checks.
How can I collect the $150 check?
Can I ask him to move out? His lease expires on January 31st, 2010.
Should I send him a letter?
I was told that I can take the non-sufficient fund check to the Police to open a file.
Please help me, I don't know what to do.
Thank you.

[sandyclaus]

Originally Posted by boynton tenant State of Florida. My tenant gave me part cash and a $150 check to cover for September rent. As of today, 9/15 I have been at the bank 3 times trying to cash the check, I have called the tenant 6 times and he does not anwer my calls. My husband went to the property on Sunday and left a message for him to call us but no answer so far. This tenant has a one year lease with five days grace period but he never pays by the 5th day of the month, always pays late. On August he paid late but did not include la late fee. Some times he has given me checks with no funds and I have been to the bank more than once in order to clear these checks. How can I collect the $150 check? Can I ask him to move out? His lease expires on January 31st, 2010. Should I send him a letter? I was told that I can take the non-sufficient fund check to the Police to open a file. Please help me, I don't know what to do. Thank you.

Give your tenant a notice to pay or quit. Beware that most laws require the total amount demanded on the notice to be rent only, no late fees, utility charges, etc. If they fail to FULLY comply within the required time, evict them.

This still leaves them liable for the remainder of their lease term until you find a new tenant.

Contact the police to file charges for passing the bad check. You may also have to sue them to get a judgment for the unpaid check amount.

Agreed. FL requires a 3 day Pay or Quit notice. Serve it tomorrow. You can probably get a copy of it on-line from the clerk's website.

Does your lease list a late fee? You must state enforcing it. Does it address bad check fees?