Can my landlord apply my rent payment to a bill I am disputing?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my landlord apply my rent payment to a bill I am disputing?

I live in a cooperative apartment complex. They said I owed $1600 for driving through wet cement. I disputed the charges. They then applied my rent to the bill and are taking me to court for nonpayment of rent even though I did pay. Is that legal?

Asked on January 24, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your landlord can apply your rental payment to a disputed bill unrelated to your rent. However, such an application is not right since you have disputed the charge.

At your court hearing where the landlord is claiming that you did not pay rent, be sure to bring copies of all cancelled checks paid to the landlord for rent and tell your defense that the failed to apply your rent payments to rent but rather applied rent payment to repairs to the wet cement leaving a shortfall on rent payments due to the accounting method.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption