Can my landlord apply my rent payment to a bill I am disputing?
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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 12 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.
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