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dkramer1960 · Nov 17, 2008, 04:24 PM

I have rented an apartment from my current landlord for two years. This year I upgraded from a one bedroom apartment to a two bedroom apartment and signed a new lease for the two bedroom apartment. After I moved out of the one bedroom my landlord sent me a bill for cleaning charges for the old apartment. Although I disagreed with the amounts I agreed to pay; however, financially I only had a third of it (which I paid) and then asked if I could pay the remaining out over the next 3-4 months. They have said no (although I've been a great, no problem renter they won't work with me) and demanded the balance immediately, which I just have not got the funds to do. They said if I did anything less than what they wanted then when I pay rent (ontime and in full as always) on my new apartment, that money will be applied to the amount still due on the old place and therefore will put me in default on my new place. They said they would continue to do this until the debt was satisfied AND charge me a late fee of $25 plus $5/day.

My question is, can they use money for rent for my new place to do this? Their lease does say something about first satisfying debt regardless of the payments intent, but seems to me that using money for the new place to pay for the old place is not appropriate. I could understand if it was damages to current place but its not. Realize this is a unique situation in that I still live in the complex. Just wondering if I can challenge their allocation of my rent payment (I plan on paying extra as I told them to satisfy the old place debt within two months if at all possible... I really am trying to be reasonable).

Fr_Chuck · Nov 17, 2008, 04:39 PM

Trouble is you owe the same landlord the money. And of course upon moving out you owe the cleaning money. ( you needed not to agree and fight that out, that would be separate until you agreed)

The issue here is you will have to let them, and then sue in court when they bill you for unpaid rent.

ScottGem · Nov 17, 2008, 04:43 PM

I suspect the lease was written to allow for this scenario. So they probably can apply the rental as they said.

I suspect you are dealing with an impersonal management company that has one set of rules. Is there no way you can borrow the money and pay someone else back over the 3-4 months?

dkramer1960 · Nov 17, 2008, 04:44 PM

I will have them paid up within two months, what I think will keep things strung out is the late fees. If I didn't still live in the complex they couldn't do this, and would have to wait for me to pay them out or sue me, which I imagine they would wait it out. Since I can't break the lease without penalty I think they are figuring they have me over a barrel. Guess what they don't realize is they just lost a good renter as I WILL move out at the end of my lease.

But again, is it legal for them to do this since the unit leases are independent of each other.

dkramer1960 · Nov 17, 2008, 04:49 PM

I agree Scott, although I know the ladies in the office I think the complex was recently bought by an investment group and you are right, now it is very impersonal. I'm the long term tenant in my building block and have seen plenty of notes on doors... too bad someone who does know me won't go to bat for me but just not how it is sometimes.

Really don't have anyone to borrow from but am hoping Santa is good to me here at work so perhaps I can retire this sooner than expected and minimize the financial penalties. Honestly I'm a decent person and trying to take care of it as quickly as I can.