apartment complex "lost" my rent check, says I didn't pay, and charged me a late fee?
it cost me over a hundred dollars to pay the late fee and atm fees to get cash since they wouldn't take another check "because I was late". dropped the check off in the drop box on the 31st, watched for it to be deducted all week, and it never was, so I called left message, hey, can you check see if you got it. no one called me back, stuck a note on my door said I was late, and needed to pay extra or they would start eviction process next week. what? so even though it's either a problem with their drop box, or human error in their office, why do I have to pay for their mistake? she said anybody can say they put it in the box. again, why do i have to pay for other people's dishonesty? charged me 75 late fee, and spent over 25 in atm fees to get cash to buy a money order. what rights do I have? they have you by the balls, and they know it. never ever been sooooo angry. do renters have rights at all?
I have NEVER been late, so I have no idea why they are treating me like this. I plan on sending a complaint to the attorney general.
The lady I talked to on the phone asked me why I didn't bring it into the office, and I told her, the last time I walked it into the office and handed it to someone, they acted like I was bothering them, when there was a drop box 10 feet away. But you can be sure that I will walk it into the office and wait for them to give me a receipt for each and every rent check from here on out.
she also questioned why I waited 7 days to call and see if they received my check, I told her I knew it usually only took a couple of days, after 4-5 days went by, I was wondering what was up, and finally called on the 7th day. (Saturday to Saturday).
I didn't appreciate the attitude she had with me, since I have always been on time. yeah, I know they are going to find that check some day. and I told the manager, if/when it does show up, she is not to cash it,
- Mary CLv 78 years agoFavorite Answer
VampireD has some good advice. In addition to that advice, save all your receipts for the late fees you have been charged. Your rent check will eventually turn up and be cashed. Even if you have put a 'stop payment' on the check, if enough time goes by, the check will be honored by the bank. Be ready with your receipts for late fees and penalties!
I had a similar situation with a check to a mortgage company. After FIFTEEN years, the check was found and cashed! The bank cashed the check! I still had copies of the 'stop payment' on the check; the duplicate check w/ late fees; and all correspondence regarding the original lost check -- (I never throw ANYTHING away!) I got money back from the mortgage company and the bank! The money I got back was nothing compared with the satisfaction of being ultimately proved right & they were wrong!
My guess is that the check will turn up. When it does...be ready!
- VampireDogLv 68 years ago
boy, I wish I were a lawyer...if they admit that putting the check in the drop box is not the same as actually giving them the check, then what is the point of having a drop box. apparently, they can lose a check and then claim they never got it and then collect late fees without any jsutification on their part.
i don't know how far you want to pursue this, but i would write them a letter and ask for a written response as to whether dropping a check in the drop box is a legitimate way of paying rent and ask them what internal controls they have over processing checks to minimize checks being lost.
i worked for a property management company and when we had the occasional missing rent check and the tenant said he mailed or dropped it off, we gave him the benefit of the doubt and did not charge a late fee.
- acermillLv 78 years ago
The drop box is nothing more than a convenience for the tenant. Want to avoid this in the future ? Then stop at the office while it is OPEN, and make your payment. Then get a receipt for doing so. It is YOUR responsibility to insure that proper payment is made on time. Sorry about that.
- DustbindivaLv 78 years ago
You have no proof you put the check in their box. It is always on the tenant to make sure landlord receives the check, never their responsibility. You could have replaced the check with a very cheap postal money order. If you hadnt been late before or had some problem with them before, they would not threaten eviction for one late rent payment.
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