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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31672
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My landlord hired a maintenance man in an upper apartment to

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My landlord hired a maintenance man in an upper apartment to do work. This maintenance man overflowed the toliet and it soaked into our lower apartmemt and ruined our kingsize bed. We contacted the landlord about replacing this matttress and box springs. He never offered to come and see the damage and tell us how to replace it. Since we needed a bed to sleep in, we went out and purchased the replacement. When making rent payments I sent him a copy of the bill and held back rent payment for the price of the bed. The difference between the price of the bed and rent was sent by check to the landlord. He subsequently cashed that check. By cashing the check, is it acceptance of the terms of the payment. We have now moved out of the apartment and he has now determined that we owe him for the rent that was not paid. Can that actually be done?

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.


If you sent him a copy of the bill and informed him that you were withholding enough to cover the cost of repair, and he subsequently cashed the check, he should be out of luck to now protest.


Landlords are sophicticated enough to know that if they cash a check and don't send a letter protesting the payment, etc., they are waiving a claim that you owe more.


I think you should write the landlord outlining your actions and that he has no right to seek any additional money for this portion of the rent as you deducted it to cover the costs, and if he persists, you will sue him for the costs you incurred, which will essentially offset any claim he has.

Customer: replied 5 years ago.
Can I use this response to inform the landlord of my decision to protest his money request?
You can inform the landlord that his acceptance of the money constitutes a waiver of any claim for the rent, and that if he seeks this money, you will sue for the cost of repairs caused by the water damage to your property.
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