Legal Question in Banking Law in Louisiana

I placed a stop payment on a check to a landlord for a house that I never moved into. I had not signed a contract. I was also never told that the deposit would be non-refundable. The receipt for the check does not state "non-refundable". Two days after meeting with the landlord and speaking with him a few times about some physical problems with the residence, (ie. broken stove, electrical problems, etc) he did not seem like he was going to fix prior to moving in. He was very rude and unprofessional so I decided not to rent at his property. This was only two days after giving him the check. At that time I asked him to return the check or destroy it. He told me ok. The next week my bank account had overdrawn. He had deposited the check. It returned to him NSF. I did not have the money in the account at that time because I had voided that out of my check register. Well, my bank returned the check and then I called my branch manager and had a stop payment placed on the check if he attempted to run the check again. I have not heard anything from the landlord, but he sent me a txt message saying he was taking this to the DA's office. I never received services from this person nor had a contract with him. Where is my stance legally with this slumlord?

Asked on 9/26/10, 3:35 pm

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If you never signed a lease or moved into the property-you do not owe anything. He could be considered the thief.

Answered on 10/02/10, 3:20 pm

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