Landlord told me on 6 May11 that my rent included charges for amenities of garbage disposal & ceiling fan. I told her I have neither - never had them, & wanted my rent reduced NOW. She refused, so on rent check due now, I added a statement reflecting this. What do I do if she refuses this money order?

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Originally Posted by lilab

... What do I do if she refuses this money order?

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If she refuses the money order because of the statement? Give her another check or money order without the statement on it.

If she refuses a check or money order because it isn't the full amount she wants? Expect her to evict you. When it goes to court tell your story to the judge.

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Originally Posted by lilab

She refused, so on rent check due now, I added a statement reflecting this. What do I do if she refuses this money order?

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Hello l:

She should accept your check, because your statement has NO legal meaning. If she doesn't, and you want to stay, write another check WITHOUT your statement.

excon

How did it happen that you were 'told' about these amenities, and in what form? On a lease renewal or something, something that might have been a mistake from another apartment? If it's just a carryover from another form she printed out, then you really don't have a case for reduction of rent or installation of those items. Ask for a new lease with them omitted, just so that no one else taking over for her can ever charge you with stealing them.

Perhaps I should have been sitting closer to the front of the class but it was my understanding in law school that "something" written on a check or money order (or similar instrument) was NOT binding. For that matter, if the recipient crosses off whatever is written and cashes the check, it's the same as if the writing never occurred.

For example, I owe my friend Excon a loan of $1,000. I give him a check for $100 and write "paid in full" on the subject line - it's not binding AND all he has to do is cross off the "paid in full" part and cash the check. The original transaction/loan stands.

I have seen checks with "in full payment" or something similar on the back, the recipient did NOT cross that off, cashed the instrument and then proceeded to Small Claims Court and won. The Judge decided that that "blurb" was NOT binding because it was not legal notice. In fact, the wording was that a check takes the place of cash. You cannot write "paid in full" on legal tender and turn that into a contract.

Thoughts?

I learned several tentants with same 3 bedroom apts are charged nearly $100 less per month than me and asked the manager to lower my rent, as I want to be treated the same as others who've lived here less time than me. She then said my apt rent was "set" and has amenities of ceiling fan & garbage disposal. I then said NO - never had them. This apt complex is a low income tax credit (LITC), governed my Sec 42 of IRS tax code. There is an income limit to live here, but individual rents are not governed by a tenant's income.