If your landlord has incorrectly calculated your rent, not credited you for rent you've paid, or charged you for damages that you have not caused, there are steps that you can take to try to resolve the problem.
The simplest way is to just pay the landlord what you think you owe her. Along with your rent, send the landlord a letter explaining why you do not owe her the amount she claims you owe. You should also write on the back of your check: "Endorsement or cashing of this check constitutes payment in full of all obligations the tenant owes to the landlord for [fill in specific month and year] rent." If your landlord cashes the check without writing on it that she is "reserving her rights" to claim that you still owe more money, then she has accepted what you think the rent is and given up her ability to dispute the amount, and you have resolved your problem.17
Even if your landlord does reserve her right to take you to court for not paying the higher rent amount, she may be unlikely to do that if the difference is small. If she tries to evict you for rent you do not owe, you will have a defense to the eviction. For more information on evictions, see Chapter 13: Evictions.
If, after you have taken steps to resolve the disputed amount of rent, your landlord continues to claim that you owe her money, you can file a lawsuit against her for unfair and deceptive acts. You can also raise this claim in an eviction case for non-payment of rent. See Chapter 14: Taking Your Landlord to Court for information about unfair and deceptive practices. If you can, it is best to put the disputed amount of rent in a bank account that is separate from your other money. Then, if you go to court, this will improve your credibility before a judge.
Endnotes
17. Jones v. Webb, 320 Mass. 702 (1941)(landlord waived notice to quit when he cashed check on which tenant had written, above landlord's endorsement, that check was for "rent"). See also Staples v. Collins, 321 Mass. 449, 451 (1947) (landlord who accepted rent without protest could not deny that acceptance of rent created a tenancy at will). If the landlord does write on the check that she reserves her rights, the tenant can still argue that this was ineffective notice and that a separate letter or receipt should have been provided.
Produced by Esme Caramello Created July 2008
