What to do if my landlord tried to charge me $170 for his overdraft fees he received from his bank when my check bounced?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my landlord tried to charge me $170 for his overdraft fees he received from his bank when my check bounced?
These charges were from purchases he made before my check cleared. There is only a $25 returned check fee in our lease contract. Is that legal for him to ask for? Could he take it from our security deposit?
Asked on September 29, 2012 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A lease is, as you appear to know, a contract: both parties are bound by its terms, and neither party may change the agreement's terms--or charge more than it allows--without the consent or agreement of the other party. Therefore, if the lease has a $25 returned charge fee, that is all the landlord should be able to charge you.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The best way to resolve the over draft fee charge you have with the landlord is to call and write him or her setting forth your position along with a $25.00 check for the fee per the referenced portion of your contract. Keep a copy of the letter sent for future use and need.
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.