Legal Question in Landlord & Tenant Law in Minnesota
Am I liable for my landlord's fees?
My on-time rent check bounced on 5/9 (the 2nd time I have done so in the 2 years I've lived there). My landlord informed me of this on 5/17 & asked for a replacement check from me. Then he said that he had written a $50,000 check to the State of Minnesota for property taxes, and that his check would bounce if he did not get my rent by the next day. He said the State's fees for his bounced check would be ''astronomical'' or ''about $1000'' and that I would be responsible for this fee if he did not get my replacement check in time (in addition to a $60 late fee & $25 check fee). Is this legal? Can he really charge me HIS insufficient fund fee from the State if his property tax check bounces?
2 Answers from Attorneys
Re: Am I liable for my landlord's fees?
Your liability is determined by the lease language, if not overridden by state law. A complete answer cannot be given based on the facts your presented.
Re: Am I liable for my landlord's fees?
Under some circumstances it is possible that your landlord could hold you liable under the theory of incidental and consequential damages. Whether this is available to the landlord as a remedy is a question of fact and a question of law, and can't be determined from the bare set of facts given.
You should provide the funds as quickly as possible if for no other reason than to protect your credit.
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