Does the landlord have a right to charge me a fee for a check that was returned and later cleared?
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Does the landlord have a right to charge me a fee for a check that was returned and later cleared?
I mailed a check to my landlord. My rent is due on the 1st and they deposited the check on the 31st. I did not have a chance to transfer money into my account until the 1st. By that time, it was too late so the check was returned. I noticed that it was returned so i sent in another check. The first check then cleared and because it cleared the second check did not go through because of insufficient funds. They sued me stating that I owed them one months rent but I won because I proved that both checks cleared. Now they want to charge me $194 in fees. (check fees, late fees).
Asked on July 30, 2012 under Real Estate Law, Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, the new charges arise from the prior dispute that you had with your landlord that was resolved in your favor. Either the new charges are barred to be pursued because they should have been raised in the prior dispute or since you won the prior dispute the new charges are barred by the prior ruling.
Fro what you have written, you should not be responsible for the new charges claimed by the landlord.
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