Legal Question in Landlord & Tenant Law in Iowa
I received a call from Apartments Downtown this morning regarding the spot that I have been parking in since the beginning of our leasing period. In August, I wrote Apartments Downtown a check for $840 ($70 per month of our leasing period) for a parking spot in front of the apartment I currently rent from them. The check never cleared and after 6 months my bank puts a stop on all checks not cashed. So they called me and said the check came back as stopped (which there was an obvious reason for) and they will be needing the $840. Having the money is not the issue, it's more of the principal of the situation. I wrote them a check and held up my end of the bargain. We have never paid rent late, we always wrote our checks for them when we were supposed to, and to be honest put up with quite a lot of disorganization and lack of maintenance on certain things. I was wondering if I had any legal standing to say that I will not pay them again or if I have any reasoning for only paying them for some of the fees owed. Also, would that have any legal right to withhold our security deposit even considering there is nothing about parking other than rules in our leasing agreement and that it is available if needed?
1 Answer from Attorneys
Do you think because they were dilatory in cashing your check that that relieves you of the obligation to pay your debts? You used the space-you owe the money.
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