Carmel, NY asked in Landlord - Tenant and Banking for New York

Q: I have a question regarding the rights of landlords to assign fees for the return of rent checks for NSF....

The management company of the property we rented had a relationship with someone at the bank that enabled them to verify funds were available before processing checks. Saving fees to both the management company and the tenants. As a result, any time throughout our 10 year tenancy that funds were not sufficient-NO fee was assessed by the bank to either party nor a fee charged by the management company to the tenant....Until we gave notice. My question is..If the check was never processed in any way-ACCORDING TO OUR BANKING STATEMENT; Does the management company have the right to assess a returned check fee, all of a sudden-when they incurred NO CHARGES from the bank and our records don't even show that the check was ever presented? Keep in mind that we replaced the check within 7 days.

Related Topics:
1 Lawyer Answer

Elaine Shay

PREMIUM
Answered
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: The fees that a landlord is allowed to charge depends upon the terms of the lease.

Bruce Alexander Minnick agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.