Writing "paid in full" on check

[ThreadPainter]

What is the name of your state? New York State

I live in a mobile home park with very strict rules on the appearance of the individual lots. I hired the park management to do chores such as mowing, snow plowing, and fall and spring clean-up. This year, they raised the rates without letting me know before doing the work. Instead of $35 for the spring clean-up, they charged me more than three times that, and I have doubts that some of the work was even completed (such as lawn treatment for bugs and reparation of some of my yard that was torn up by their snow plow). Instead of $10 for a mow, they charged me $15. I wrote a letter to them stating that they should have notified me prior to doing the work, if their rates had changed. I also stated that I was paying the amount that they had always charged me and that I considered this paid in full, wrote 'paid in full' on the checks, and told them that I no longer want them doing my yard work. Today, I received a letter back explaining the reasons for the different charge on the spring clean-up, stated that all the work had been completed, but that someone would be by to check, and also that their rates for mowing had indeed gone up. A bill was included for the remainder of their charge.

If they have cashed the checks (and I did receive acknowledgement of payment applied), because I had written "paid in full", am I still obligated to pay, even though I feel that this was a breach of contract? I was never notified that the cost would be any different from previous years.

Also, I have a fear because they are my landlords as well, that there may be additional problems. There is a discount given on the rent if it is paid by the 5th of each month. However, they will not apply the discount ($25) if there is an outstanding balance due. Even if I consider the charges for the yard work paid in full, they may not, and continue charging me an extra $25 a month because they consider my account with a balance due for the yard work.

What are my options? The amount in question is only $80, but I am disabled and only receive a small amount of money in assistance (I am waiting for a Social Security decision on my application for disability), and this $80 is a very large amount of money considering my current situation.
Thank you for any advice...

 

[racer72]

Checks are not contracts, just demands for payments. To be legal, both parties would have to be accept the terms. Cashing the check is not proof of acceptance. If it was legal, everybody would be doing it.

 

[Tercr6]

I'm not sure what racer72 is getting at,but maybe it's the same as this:
This is how I would approach it: If a Landlord intends to raise your rent,he must to give you (30) days notice(before the end of your rent due date).A landlord can-not just charge your more rent when he feels like it.
2) If you had an agreement(contract) seperate of the rent payments,that person can-not just raise the fees without notifying you in advance.
Since you wrote paid in full on the ck,and notified them to cease the yard work,and they replied,and cashed the ck(that said payed in full),you don't owe them a dime for it.(unless it is on the RENT).
As such they have no legal right to charge late fees on your rent,especially if these 2 charges were seperate.
3) contact legal aid for landlord/tenant issues,or see if there is a housing council in you area to call,also since your are on assistance ,if they charge a late fee because they claim you owe for yard work,contact your assistance agency,and provide them proof they exepted paid in full,and you notified them to cease work,and your rent is current.
4) you could request mediation for a very small fee.If there are property code violations and you complaim,the landlord can-not initiate eviction procceedings for (6) months,also if they were to start eviction procceeding,you could bring it up in court ,they are doing so in retaliation.
Do you have a lease contract ? or is it a month to month ?( If your contract states "IF YOUR RENT is paid by the 5th" you get a discount,unless your behind) it MUST be honored.The yard work was not considered rent,You stated you had a deal w/ the manager on that.

 

[JETX]

Wow, Tercr must be off his meds again to even come up with a comparison of yard maintenance to being the same as a residential lease. Of course, his entire post is incorrect.

So, with that idiot out of the way, lets take an accurate look at your situation....

"I hired the park management to do chores such as mowing, snow plowing, and fall and spring clean-up. This year, they raised the rates without letting me know before doing the work."
*** Actually, this is a failure on both parties. You had an equal obligation to obtain current pricing, and the had an obligation to advise you of a price change. However, since the law puts the responsiblity on you (as the buyer) to be aware of your obligations (called "Caveat Emptor' - "Buyer Beware"), you should have checked the price first and not assumed that the price was the same.

"Instead of $35 for the spring clean-up, they charged me more than three times that, and I have doubts that some of the work was even completed (such as lawn treatment for bugs and reparation of some of my yard that was torn up by their snow plow). Instead of $10 for a mow, they charged me $15."
*** You certainly have a right to discuss their increased fees, but they are not obligated to change the billing. And you certainly have the right to discuss your concerns regarding the quality of their work.

"I wrote a letter to them stating that they should have notified me prior to doing the work, if their rates had changed. I also stated that I was paying the amount that they had always charged me and that I considered this paid in full, wrote 'paid in full' on the checks, and told them that I no longer want them doing my yard work."
*** What you are trying to do is called a 'restrictive endorsement'. Some states allow them, some don't and some do under specific situations. Connecticut is one of the states that DOES allow this. So, by noting your check as 'paid in full' and their cashing it, the debt is paid.

"Today, I received a letter back explaining the reasons for the different charge on the spring clean-up, stated that all the work had been completed, but that someone would be by to check, and also that their rates for mowing had indeed gone up. A bill was included for the remainder of their charge."
*** See above.

If they have cashed the checks (and I did receive acknowledgement of payment applied), because I had written "paid in full", am I still obligated to pay, even though I feel that this was a breach of contract?"
*** See above.

"I was never notified that the cost would be any different from previous years."
*** See above.

"Also, I have a fear because they are my landlords as well, that there may be additional problems."
*** Yes, and that is one of the risks you take when making a stand.

"There is a discount given on the rent if it is paid by the 5th of each month. However, they will not apply the discount ($25) if there is an outstanding balance due. Even if I consider the charges for the yard work paid in full, they may not, and continue charging me an extra $25 a month because they consider my account with a balance due for the yard work."
*** With that, you have a decision to make. You can either make good on the relatively smaller increase in price, or to accept the risk and reality of continuing problems with the rent issues.

"What are my options?"
*** Again, see above. Personally it sounds like you might win the battle (of the 'paid in full' check), but lose the war (in problems with landlord and rent).

"The amount in question is only $80, but I am disabled and only receive a small amount of money in assistance (I am waiting for a Social Security decision on my application for disability), and this $80 is a very large amount of money considering my current situation.
Thank you for any advice..."
*** You're welcome. Oh, and even better advice.... ignore 'Tercr'. He is an idiot.

 

[Tercr6]

JETX
06-08-2003 05:19 PM This person is on your Ignore List. To view this post click [here]

You can call me an idiot all you want.and degrade me.!!, but personall I have reported you to the administrator !! I can only pray the terminate your membership and fine you $250.00 for every time you have vilated the TERMS OF SERVICE,wich you obviously DO-NOT UNDERSTAND or CARE TO.

Even though you agrree the payment in full will most likely stand,You say I'm wrong.What an egotistical,inmature ppunk you are !! I hope you don't get into public servise ,you won't deseve it,like most in the feild don't,

 

[JETX]

Corrections noted in parentheses:

"Even though you agrree (agree) the payment in full will most likely stand,(space here) You say I'm wrong.(space here)What an egotistical,(space here) inmature ppunk (punk) you are(no space here) !! I hope you don't get into public servise(service)(no space here) ,(space here)you won't deseve(deserve) it,(space here)like most in the feild(field) don't,(period, not comma).

Oh, and as usual, your statement makes no sense:
1) Even though I agree with what?
2) What payment?
3) Payments don't stand. Bills do.
4) 'Punk you are' is incorrect grammar.
5) Why would you think I am getting into public service??
6) How does someone 'deserve' public service??
7) And how does someone not 'deserve' public service?

Of course, we are awaiting your response.

Oh, and go ahead and 'report' me. I doubt the administrator will be able to figure out what the hell you are trying to say.

 

[AmateurShyster]

Legally speaking, what you did when you wrote "paid in full" on the check was to propose an "accord and satisfaction" of a disputed claim. I have an old (1970) book on contract law that cites the New York case of Hudson v. Yonkers Fruit Co.., Inc., 258 NY 168 (1932) to the effect that cashing a check in these circumstances *does* bind the creditor. Without going to a law library and "shepardizing" this case, I can't tell you whether it's still the law in New York or not. A legal aid office could probably answer the question for you.

But, there's a difference between what's right and what's prudent. Even if the law is on your side here, you might find your landlord disinclined to bend rules in your favor in the future. If you persist in asserting your rights, and in paying only the discounted rent, the landlord might well keep running up charges and pressing you for payment. Eventually, that could lead to eviction proceedings and other hassles.

A better course might be to contact the consumer affairs reporter at a local TV station. You were surprised by a 200% price increase, and your landlord will probably not want the bad publicity.

 

[djohnson]

Tercr,

After reading several of these back in forth threads between you and JETX, I had to jump in to say as much as I agree with you the JETX can be harsh and judgmental, he is usually right. This can not be said for you. You do continue to give incorrect and bad advice. I don't think anyone minds you giving advice on something you know or have experienced since you are not an attorney, but some of the things you have said are completely incorrect and pretty basic knowledge. I think what JETX is nicely saying in his own way is you are screwing people up. If they listen to you, it could cause them more damage. I don't know how that makes you feel but it would worry me. I'm not an attorney either but do have experience in the law. I have also had my own rounds with JETX but not because one of us gave completely false information. Sometimes there can be different takes on the same situation, that isn't the case with your advice.

To the OP, JETX is correct. The only problem I see arising from the 'paid in full' on the check is that since there were many different things done, they could claim it was payment in full for such and such service but not for another separate service. I'm not sure how your bills are, but that could be a defense for them. I think you may be better off paying it and write it off as a learning experience.

 

[Ladynred]

From an FAQ on collections in New York regarding accord and satisfaction (restrictive endorsement):

"When a payment is received by check with a notation on the front or the reverse side that the check is given in full payment, you can deposit the check, if--and only if--you preserve your right to pursue payment for the balance due. On the reverse side of the check below the customer's notation, you MUST stamp, write or type in the following language:

This check is deposited under protest, without prejudice, and with preservation of all rights of the payee against the drawer of this check pursuant to UCC § 1-207.

Place your bank endorsement below this notation. You should then photocopy both sides of the check before you deposit it.

Endorsement of the suggested notation on the reverse side of the check will avoid the defense of accord and satisfaction in New York state and, as of 1985, most likely in the states of Missouri, Alabama, Florida, Oregon, and North Carolina. The New York rule is the minority rule. Vendors outside of New York State should consult their local attorneys before depositing a check for an amount that is less than the full amount due."


So, if the notation as above was NOT on the back of the check, you could fight the property management over this. Just consider whether or not you really want to.