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I've lived in the same unit for about a year and never had a late rent check. The landlord doesn't live in the building, so every month we have to mail the check to her. It has to be there by the 1st of the month; after that we are charged $25/day in late fees.
On March 25, I put my rent check in the mail. I took a picture of it beforehand for personal records. But, I sent it through normal mail (no tracking number or anything).
This evening, April 18, I texted the handyman about a broken smoke alarm. In the course of the conversation, he said "the landlord mentioned to me yesterday that you didn't pay your rent this month, is everything ok?" I was totally shocked - somehow, it must have gotten lost in the mail, or been misplaced at the landlord's office - because I definitely mailed it, and have the date-stamped picture of it in my postal box.
The landlord has not attempted to contact me about this - no letters, emails, phone calls... nothing! If she had, I would have sent another one immediately. Now, I'm looking at $475 in late fees, and would have been even more if I hadn't had the chance conversation with the handyman.
So my question is:
1) is there an obligation for the landlord to notify their tenant that the rent was not received before they start charging late fees?
2) can landlords disclose my payment status to other members of the staff (i.e. the handyman) instead of telling me directly?
3) do I have any grounds to dispute the fee, given that I had no way to know the check didn't make it there, and have a perfect record otherwise?
I've lived in the same unit for about a year and never had a late rent check.
It has to be there by the 1st of the month; after that we are charged $25/day in late fees.
On March 25, I put my rent check in the mail.
This evening, April 18....
If the $25/day late fee charging landlord hadn't contacted you in some way
(a courtesy call or even nailing a "pay or quit" notice to the door)
... how could you be expected to know something was wrong?
Quote:
So my question is:
It's time for YOU to be the grown up in the deal and contact the LL.
A courtesy phone call should be adequate. Discuss.
---
eta: check your account to see if the check cleared first.
Last edited by MrRational; 04-19-2017 at 07:21 AM..
So my question is:
1) is there an obligation for the landlord to notify their tenant that the rent was not received before they start charging late fees?
2) can landlords disclose my payment status to other members of the staff (i.e. the handyman) instead of telling me directly?
3) do I have any grounds to dispute the fee, given that I had no way to know the check didn't make it there, and have a perfect record otherwise?
I live in Missouri, if that helps.
Thanks![/quote]
1. Yes. A three day pay or quit notice should of gone out. I usually call if the rent isn't there by the "late by date". I dont like charging late fees. I really don't. I will if push comes to shove but by then im already unhappy.
2. As a professional they shouldn't discuss it with anyone other than the staff that's privy to such info. A handyman isn't one of them. Imo it's unprofessional. Can you stop it? Doubt it.
3. Imo I would say you would be liable for the 3 days after due date as that's what the notice would notify you were late/check did not arrive.
On a personal note I think it's very unprofessional to simply let the late charges pile on. A 60 second call would end the problem. I don't understand why people make the process so difficult.
Next time send the check signature required or see if you can direct deposit or go to their bank and deposit it in their account.
I recently had a tenant who sent a check and it never got there. I called and he sent another. I didn't charge a late fee. I wasn't very happy but from this point on I'll be sending him a message if the rent isn't there. So I'm going to talk to him about a electronic payment.
Last edited by Electrician4you; 04-19-2017 at 08:45 AM..
By now you should have known the check hadn't cleared... (assuming it hasn't... that's the first thing I would check!). but yes, I would think if you're going to charge that hefty of a daily fee, you should at least put in a phone call if it's gone on more than a few days.
But it probably doesn't matter what we think is fair... the correct legal answer is likely in your lease.
I confirmed with the bank today, the check has not been deposited. But, the landlord doesn't always cash them on the first of the month, so it's not clear to me that signals anything wrong. I also usually check my bank statements only once a month (on the day I pay all my bills) so I wouldn't have noticed for a while.
The lease doesn't say anything about notifications or eviction procedures or anything. It's a really short lease (2 pages) and so the $25/day late fee was just half a sentence.
For the person who suggested I try calling the landlord - I have. No answer and no answering machine, so I guess I'll keep trying.
Sounds like there is room for improvement of communication on both sides, to be honest.
As a LL myself, I will always sent a reminder on the 4th day of the month as rent is late after the 5th of each month. In addition, I check my bank accounts on a daily basis to make sure everything is correct with my account. If I had a large rent check that has not been cashed I would have called my LL to ask about it if I was in your situation.
As mentioned above, a simple phone call can/could have corrected this issue. Good luck.
I confirmed with the bank today, the check has not been deposited.
I try calling the landlord - I have. No answer and no answering machine...
Then contact her in writing ...and mail that letter certified.
Lay out the sequence and your concern... and you're covered.
Offer to send her another check minus your banks fee to cancel the first check.
As to the OUTRAGEOUS late fee the lease states ... I really doubt that's legal or enforceable.
And certainly not without the lease describing anything about notifications etc.
Rest easy.
I've lived in the same unit for about a year and never had a late rent check. The landlord doesn't live in the building, so every month we have to mail the check to her. It has to be there by the 1st of the month; after that we are charged $25/day in late fees.
On March 25, I put my rent check in the mail. I took a picture of it beforehand for personal records. But, I sent it through normal mail (no tracking number or anything).
This evening, April 18, I texted the handyman about a broken smoke alarm. In the course of the conversation, he said "the landlord mentioned to me yesterday that you didn't pay your rent this month, is everything ok?" I was totally shocked - somehow, it must have gotten lost in the mail, or been misplaced at the landlord's office - because I definitely mailed it, and have the date-stamped picture of it in my postal box.
The landlord has not attempted to contact me about this - no letters, emails, phone calls... nothing! If she had, I would have sent another one immediately. Now, I'm looking at $475 in late fees, and would have been even more if I hadn't had the chance conversation with the handyman.
So my question is:
1) is there an obligation for the landlord to notify their tenant that the rent was not received before they start charging late fees?
2) can landlords disclose my payment status to other members of the staff (i.e. the handyman) instead of telling me directly?
3) do I have any grounds to dispute the fee, given that I had no way to know the check didn't make it there, and have a perfect record otherwise?
I live in Missouri, if that helps.
Thanks!
Just out of curiosity, how come you didn't notice you had an extra few hundred bucks in your account? I mean, sure, it would have been nice and courteous for the landlord to inform you, but if you'd been keeping track you'd have known it was never cashed and cottoned onto the fact that something was off
Just out of curiosity, how come you didn't notice you had an extra few hundred bucks in your account?
I bank with a small local credit union - they don't have those fancy phone apps that notify you of every single transaction. I check once a month when I pay bills, which I feel is a fairly normal practice.
I bank with a small local credit union - they don't have those fancy phone apps that notify you of every single transaction. I check once a month when I pay bills, which I feel is a fairly normal practice.
But perhaps in the future you'll make it a habit to check? Even the small local credit unions let you check your balance online.
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