Legal Question in Landlord & Tenant Law in Missouri
payee writting in memo line
Ive been paying my rent faithfully up until a year ago when i got a major illness, we rent from my sisters father-in-law, He let me go without paying rent and said dont wory about paying me back well now my sister and brother-in-law are getting a divorce and the father-in-law is now wanting his back rent. the problem is ive been paying my rent on time now for 6 months and i just notice he is writting in the memo line rent for the back rent he thinks i owe, is it legal for him to write this, I live in missouri
1 Answer from Attorneys
Re: payee writting in memo line
You are asking two questions:
FIRST. Can the payee change the check, to restrict me after I submit it to him? The generla answer is "No"
SECOND: If I stop paying rent and then start again later, do the payments go toward current rent or past rent? This is less clear. Generally the payment goes toward the oldest debt first. But, the facts of each case are different. These case are not easy to predict, because the facts can change the outcome.
Good Luck
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