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Owe a Debt - Attempting to pay -- Landlord not responding?
What is the name of your state (only U.S. law)? Ohio
Hello!
I owe my landlord $245.00. He claims that I owe him "at least" $320.00. I verified that I owed the rent of $245.00 through bank statements and the money order for the month of May. I sent him an email stating that I would send $50.00 until paid in full. I then sent him a check for $100.00 on August 22, 2011 with a letter stating that I would pay $100.00 immediately (with the check enclosed) and the remaining $145.00 on September 16. He has yet to cash the check and he has yet to respond to any emails being sent to him. I like to send emails as that is our primary form of communication.
What can I do? Would this show good faith to a judge to prove that I've been attempting to pay the debt owed?
I have some good responses here. Let me tell you additional information. I have attempted to come to an agreement with him. Every times I want to talk about an agreement, he never responds to the emails. Never. I sent the check to show him that I am making a good faith effort to pay the amount. I am on a month to month lease, but I assume he thinks that I am going to pay late fees. I am going to deny it stating that the lease was effectively changed when he never requested the late fees and didn't file a detainer with the court.
I do all my business with him by email. This way I have a record of everything. I never see him here nor can I get him by the phone as his wife or his children would state that he isn't there... I wish I could just show up at his house...
M.W. Several Ohio Courts have stated that when a late fee is involved, then the lawyer must show actual damages received by not paying the fee on time. Other Ohio Courts have stated that when an extended period of time has elapsed and the fee is not requested, then the contract is deemed to have been modified based on the late fee provision.
"A party may voluntarily relinquish a known right through words or by conduct. State ex rel. Ford v. Cleveland Bd. Of Edn. (1943), 141 Ohio St. 124. In Galaxy Development Ltd. Partnership v. Quadax, Inc., 2000 Ohio App. LEXIS 4651 (October 5, 2000) Cuyahoga Co. App. No. 76769, the Eighth District Court of Appeals found that the landlord waived its right to collect holdover rent from the tenant by continuing to accept the original rental payments after expiration of the lease."
BTW I'm on a month to month lease.
2 respuestas
- M WLv 7hace 10 añosRespuesta preferida
The problem could be that YOU decided how you wanted to pay (and how much) what you owe without consulting with him and coming to an agreement together.
He's probably waiting for the final check on Sept 16, but you need to talk to him way before that to make sure he agrees with your chosen payment plan. He should show you documents that prove you owe $320.00. Tenant/Landlord disputes happen all the time, but usually they can be worked out.
If the lease has a provision for late charges, he doesn't have to file any kind of complaint with a court, and the fact that he didn't directly ask, doesn't change the fact that the lease allows for late charges. Sounds like you owe it, prepare to pay.
Meet with him in person to settle it once and for all. You don't need to take it to a level where a judge is involved. The courts have bigger issues to deal with than your dispute over a clause in your lease for $75.00 in late charges.
- ,Lv 7hace 10 años
Did you break the lease that you had with your landlord? If that's the case, you really need to look at your lease to see if there is a fee for breaking your lease early. Otherwise, I'm not sure you really have a case to take to a judge. You'll probably have to just pay the amount due.
