Saturday, December 5, 2009

Late fee for rent, but I didn't pay it late...what can I do?

Hello,



I recieved the wonderful VA standard "Notice to Pay or Quit" (which was not delivered on the stated date!)yesterday. It said that I owe $116.80 to our management company. it didn't even specify what it was for, but we were able to gather that it was 10% of the rent, and is obviously a late fee.



I am actually in property management, but I deal with home owners associations, not rental stuff. What can I do? I payed it on time. We dropped it off around 12:00 on the last day to turn it in. They apparently didn't get around to checking the lock box for a day or two, so I in turn was nailed with a really big late fee.



I cannot prove that I turned it in on time, but they cant prove I didn't. The check wasn't cashed for 5 days. I'm never late, and my checks always cash. I was late once (out of town) and had to pay with a certified check but they waived the late fee. Anyone have any advice?



Thanks!



Late fee for rent, but I didn't pay it late...what can I do?oper



It's not in your best interest to get nasty! Getting nasty will only get your opponent on the defensive and will lose you money. Is this how you deal with property management? It is better for you to make a friendly call telling them that you did in fact put the check in the drop box on the day it was due. Sorry, I'm not buying your "poor people like me" story. Be friendly, ask them how you can best resolve this and in the future, get a paid receipt on the drop off day.



Late fee for rent, but I didn't pay it late...what can I do?hollywood theater opera theater



If you have never been late, I would appeal to the HOA Treasurer and request they remove the late fee. This would also bring to light possible incompetence with the staff managing these payments.
If there is a date on the check, that is pretty much your only proof. So what if they cashed it 5 days later. Your check will say the date it was written.



You guys are kind of at a stand off. Call them and raise Cain to try to get them to take the fee off. Tell them what you told us and don't back down.
Go to the office and raise holy hell.
I can't believe the Notice was issued properly unless you have a long history of late payments. In a faceless, corporate environment it may have just been kicked-out out by a computer program. Or was this a 'last straw?'



No court will evict you over a disputed late fee, especially since you have the cancelled check as proof of payment. And you have your check register showing the check before and the check after to show timeframe.



I'd play dumb and tell them I received a notice in error, as I have proof of payment.



In writing, of course.
If you have a receipt for the payment that shows the date of your payment, then take it in to the rental agency.You will probably need to talk to the manager it get the problem cleared up.



They should accept the receipt. If they don't, bring your bank statement to their attention also, that shows when the check cleared, and ask why it took them so long to process your payment.
Sorry, but, if you cannot prove that they did receive the rent payment as specified upon in your lease then you do not have recourse!



And, I believe that any company can expect payment due by end of business on the date due; unless they told you that they allow one to drop-off payments after hours, and do not count it late until opening this "drop-box," usually, on the next business day.



My best advice would come way too late, be super nice, beg them, and bake the office cookies, lol; but, it sounds like you did not follow the golden business rule, it is how we say things and with whom we are dealing with which matters most, not who's right....

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