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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100564
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I have had a terrible landlord years. we are getting ready

Customer Question

I have had a terrible landlord for 5 years. we are getting ready to move out and I sent a rent check for 500 less than what my rent is because he raised my rent and that extra 500 was supposed to be going towards purchase of house. he wouldnnt sell house for what it was worth-wanted 35,000 more. In the memo line, I put RENT. he wrote on my check next to it saying 500 still due and cashed it. Is this legal
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, this is legal. Or rather, what he did to the check is legal. You can still argue what is due and what is not due in Court, but the check negotiation between you and him was lawful.

When you sent the check to him, and wrote RENT on the check, the receiver of the check has a right to place a "reservation of rights" on the check if there is a dispute about it. See AFC Interiors v. DiCello, Ohio 1989, 544 N.E.2d 869,*****3d 1.

Where debtor tenders check to creditor as payment in full for less than amount alleged to be owed on debt, creditor may accept check as partial payment on debts so long as creditor explicitly reserves all rights by endorsing check "under protest" or any legend sufficient to apprise debtor the check is not accepted as full payment on debt, and in so doing, creditor does not thereby prejudice any rights reserved on balance alleged to be due; overruling Seeds, Grain & Hay Co. v. Conger,***** 169, 93 N.E. 892. AFC Interiors v. DiCello, Ohio 1989, 544 N.E.2d 869,*****3d 1. Accord And Satisfaction 11(2). Source HERE.

While this is not quite 100% percent about "accord and satisfaction," he has a right stemming from the above to mark a reservation on the check. That is true. However where he should have applied the check and whether or not it counts as full payment is up to the Judge to decide.

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