If my tenant paid back rent with a check that bounced, can I file a criminal complaint against her for fraud?

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If my tenant paid back rent with a check that bounced, can I file a criminal complaint against her for fraud?

Asked on December 24, 2011 under Bankruptcy Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you simply want to get paid the back rent from your tenant that gave you a check that failed to clear, I would simply have a face to face meeting with him or her about the situation and how you are going to get paid in a timely manner.

If the explanation is not acceptable,your recourse is to start an eviction process with this tenant preferably after you have consulted with a landlord tenant attorney.

To answer your question, you can file a complaint against you tenant for fraud with law enforcement. Whether the district attorney's office files a criminal action against the tenant remains to be seen. Most likely the district attorney's office will not file a complaint deeming the situation a civil matter, not a criminal one.


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