We are wanting to take money from a customer's checking account to pay their delinquent SDB rent and I know we have to have a right to offset in our agreement to be able to do this.

All I can find in our agreement is "Remedies - If you are in default on this lease, we may use any remedy we may have under this contract, or state or federal law." Is this the right to offset language I am looking for?

Thanks in adavnce.

bump, I really need help on this. . .

You might want to check with counsel on that since it is dealing with the contract and state and federal law. Our contract explcitly states that, "If you do not pay the rent within 15 days from the date it is due, you authorize the Lessor to deduct the rent from your deposit account." I found it in the general rent section, not a delinquency section.

If yours is stating that "we may use any remedy under this contract," my guess would be that your contract provides for that. I would check again...

Thanks!

Is that a picture of Ivanka Trump???

If anybody is wondering. . .I found the "right to offset" language on our account agreement for the checking account. So when the checking account was opened, the customer agreed that we may access those funds to pay any debt owed, i.e. the SBD lease (with some exceptions).

So that answers my question.

What about the amount of a late charge? If the customer is delinquent on the safe deposit rent and we are using our right to offset, can we also collect the amount of the late charge?