Posted by Lilly N. Thal on November 28, 1997 at 03:09:54:
In Reply to: Back rent posted by ad on November 20, 1997 at 00:52:40:
: I owe my landlady back rent and have sent her a letter stating that I wanted to arrange to pay it off a little at a time. She told me she preferred to make an agreement where she would "loan'' me the amount and have me pay 12% interest on the "loan". This would clear the back rent but I;m not sure if it'sthe right thing to do. On my current check I indicated that it was payment for the month of November, but she said her lawyer told her that accepting it gave the appearance that no back rent was owed. She said she would have to apply my current payment to the back rent unless I made the loan agreement. She said my agreement was not satisfactory even though I put it in writing. I know the back rent is my on doing, but is was she's telling me true?
She can apply the money to whateve month she wants. The lease itself might say that rent paid is applied to the oldest outstanting period. You don't need to take a "loan" in order for her to do this. It's a scam just to get 12%. Don't go for it.
: Also, often she has wriiten on my checks, in the memo area, or crossed out whatever I had wriiten. Is that legal?
Doesn't really matter. If you write there, it's not blank and she can't make it appear like you wrote it. If you xerox your check before you send it, it will clear up any problems if this gets to be an issue.
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