Legal Question in Landlord & Tenant Law in Massachusetts
I pay rent for an apartment on a monthly basis. The landlord charged me "professional fees" that I am contesting. I put a handwritten note in with my rent check stating that I want to come to the office and look over the breakdown of the charges they are stating I owe. I wrote in the note I do not want any of the check I wrote to go towards the fees and for all the monies to go towards rent. I even wrote in the memo section of the check �100% only to be applied to the March 2011 rent�. However they applied some of the check towards the professional fees. Is this legal? I clearly stated in the memo of the check that the check was only for the March rent. The note explained why. I now received a notice to quit for �nonpayment of rent� not nonpayment of professional fees. Can they apply my check towards fees that I am contesting against my will and against what is stated on the check itself?
1 Answer from Attorneys
Did you sign a lease agreement w/ your landlord? If so, has the lease expired and are you on a month to month basis. I'm not sure what this "professional fees" means, but you should consider having an attorney look at your lease agreement.