Legal Question in Landlord & Tenant Law in Illinois

On a commercial lease that had a past due balance going back several years but payments were subsequently made on time, in full and in partial repayment of the past due over multiple years, can a landlord in Florida apply payments to the oldest balance first, thereby always creating a state of delinquency?


Asked on 2/12/14, 6:57 pm

1 Answer from Attorneys
Stephen Messutta

First read your lease. There may be a provision saying the landlord can apply payments as it wants. If it does NOT say that or may say something else, or is SILENT on the issue entirely, then it may be a matter of how the landlord has conducted business with you over the several years. If there have been renewals in the interim, that may be an issue. If there is a late charge at stake, that could be an issue as well. If you are not 100% sure, have an attorney review your lease.

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Answered on 2/12/14, 9:58 pm


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