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Old 05-06-2010, 11:15 PM
 
Location: Oregon
873 posts, read 1,519,608 times
Reputation: 951

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Quote:
Originally Posted by nykee View Post
I WAS irresponsible. I admit that.
I paid on time eveymonth the first year.. then one month my rent was lost in the mail. I didnt feel comfortable sending it any more. But I found out he didnt have an office anymore and would only accept rent thru mail or in person, so i would try to get him in person, which he said was fine. For the next year this is how i ended up being late about 8 times. AT the time my rent was $23 a month. Im sorry i didnt think it was THAT important to MAKE sure I got him paid by the fourth. He often came to town and so i would just wait until he did. (he lived in another city)
He always came a calling for his $23 dollars so I didnt worry about it.
Even when my rent switched to $64 I was never late because I didnt have it. I just didnt like that our only option was to mail it and NOT receive receipts.

I know it was my responsibility to pay and pay on time.

well i didn't read any of the responses just the first post til now. ok, now, this complicates everything legally, it might be in your favor since this landlord was not on site nor locally available. AND your rent had been lost one month "in the mail". Did you lose the entire amount or was it a bank check that just never got cashed?
ok, here is how you send mail and make sure it was received. : Go to the post office as soon as you can, like the first of the month. Send your payment in a little padded yellow mailer, with the check folded into a piece of paper with your name and address on it inside the mailer; or in an envelope that is over 1/4 inch thick (pad it with 2 or 3 folded papers). This is so you can send it as a
First Class Parcel, and--- important-- also get DELIVERY CONFIRMATION put on it. This means that the fact that it has been delivered will be recorded in the Post office system. You can then look up the number on the USPS website. It tells you when it gets delivered. You might use that as a form of proof that you mailed it. If the landlord says it didn't get delivered, you can check, to see if they are lying or not. If you want you can also ask the P.O. about insuring the check , to see if they will do it.
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Old 05-07-2010, 12:10 AM
 
4,100 posts, read 6,700,876 times
Reputation: 5662
Default Can you help, my landlord is charging...

Quote:
Originally Posted by nykee View Post
I been searching for hours and just cant find the answers. So I am trying here.

I had a $1200 deposit with my landlord. He is saying he is keeping it because of late fee's. The late fee is $160. I was late 8 times. That comes to $1280

In my rental contract is does say there is $160 fee for being late. But, is that even legal to charge so much? My monthly rent is just $780.

When does he have to notify me to pay the late fee? He never said anything about it. He never sent me a notice. I was often late. I didnt think he was charging me the late fee as he never once mentioned it. He often came to me, called me demanding rent, asking when i was going to pay rent. He had ample times to tell me he was charging the $160 late fee, he never did.

I am on housing. I only pay $64.. of the $780. Does this factor into it at all?
He money grubbed for his $64, when ever i was late. How come never mention the late fee's? Does he have to give notice or send a bill?

ALL but $64 of my rent was ALWAYS paid on time. Can he charge me $160 for me paying $64 of the rent late?

You read the rental agreement and agreed to it. When it says there is a late fee of $160 when you are late, that is what it means. What is there about that you don't understand? If you didn't agree with the landlord's rental agreement, why did you rent from him. My advice, get a second job so you can pay the rent, and pay it on time, or move out and become homeless so you don't have to pay rent. Why should it be up to anyone to help you? You are responsible for yourself, and your own bills.
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Old 05-07-2010, 12:28 AM
 
Location: Lakewood OH
21,697 posts, read 26,078,172 times
Reputation: 35742
There is no way people here can determine what your rental agreement is with your landlord other that what you tell us and that is not really clear. Now you are posting extenuating circumstances. The only way you can possibly reach an agreement with your landlord is to take all of your legal paper, chased check copies and any other documents pertinent to backing up your case an attorney or small claims court.

It appears knowingly or not you have not abided by the contract agreements you willingly signed. But if there are any loopholes you really need professional legal advice to find them. If you believe you have been wronged, it's up to you to defend yourself.
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Old 05-10-2010, 11:13 PM
 
Location: Oregon
873 posts, read 1,519,608 times
Reputation: 951
Quote:
Originally Posted by Nite Ryder View Post
You read the rental agreement and agreed to it. When it says there is a late fee of $160 when you are late, that is what it means. What is there about that you don't understand? If you didn't agree with the landlord's rental agreement, why did you rent from him. My advice, get a second job so you can pay the rent, and pay it on time, or move out and become homeless so you don't have to pay rent. Why should it be up to anyone to help you? You are responsible for yourself, and your own bills.
wow , i'm glad you are so able to make choices about where to live. fyi, about 20% of people in Oregon have little or no choice, because they are low income and have to take whatever they can get . And not everyone can work 2 jobs, either because of health, or kids, or transportation, or whatever. Maybe this person already does.
It just so happens, that this person is even poorer than most, from what he says about his subsidy etc. ok, now there IS a part of the Oregon law about whatever is REASONABLE AND CUSTOMARY. So landlords try to take advantage often enough, by putting in things into leases that are unreasonable and UN customary. They sometimes put in things that are plain illegal and have to be found out and overruled by Oregon law. They also fail to use due and proper diligence , proper notices, etc. Seriously, don't tell this guy things that you don't necessarily know about, it may be that the notices are NOT in order and maybe it DOES have something to do with the validity of it. There are set prescribed rules for this game, in some parts of the law. PLENTY of landlords do not follow them but make them up as they go in order to benefit themselves.
SO, what i think this renter should do is: Go to Legal Aid, and let them iron it out for you, since they know things you don't-- and they have a sliding scale for their legal fees, some people pay 0 dollars. Go for it, you probably won't regret it at all. They should be protective to make sure you don't get evicted, not like they are going to provoke your current landlord. You are very fortunate that this current landlord is leaving, maybe it will be him that has to compromise on his refunds of the deposit, but the new landlord might not have anything against you after all is said and done. Because it will not come out of his pocket. Hopefully. So best of luck.
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Old 05-16-2010, 01:20 AM
 
230 posts, read 579,579 times
Reputation: 435
Quote:
Originally Posted by Bluesmama View Post
Whatever the outcome, hopefully you will keep this experience filed under "Lessons Learned" and demonstrate more responsibility with your next living arrangement. Assuming that you were already late when your landlord repeatedly confronted you for payment, he shouldn't have to go through all that hassle. You do not want "slum tenant" in your credit report.
I totally agree.. especially considering they were only paying $64.00 a month? A bad landlord reference can haunt you for a while, very true.
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Old 05-16-2010, 10:14 AM
 
Location: Lakewood OH
21,697 posts, read 26,078,172 times
Reputation: 35742
Quote:
Originally Posted by 2bpurrfect View Post
wow , i'm glad you are so able to make choices about where to live. fyi, about 20% of people in Oregon have little or no choice, because they are low income and have to take whatever they can get . And not everyone can work 2 jobs, either because of health, or kids, or transportation, or whatever. Maybe this person already does.
It just so happens, that this person is even poorer than most, from what he says about his subsidy etc. ok, now there IS a part of the Oregon law about whatever is REASONABLE AND CUSTOMARY. So landlords try to take advantage often enough, by putting in things into leases that are unreasonable and UN customary. They sometimes put in things that are plain illegal and have to be found out and overruled by Oregon law. They also fail to use due and proper diligence , proper notices, etc. Seriously, don't tell this guy things that you don't necessarily know about, it may be that the notices are NOT in order and maybe it DOES have something to do with the validity of it. There are set prescribed rules for this game, in some parts of the law. PLENTY of landlords do not follow them but make them up as they go in order to benefit themselves.
SO, what i think this renter should do is: Go to Legal Aid, and let them iron it out for you, since they know things you don't-- and they have a sliding scale for their legal fees, some people pay 0 dollars. Go for it, you probably won't regret it at all. They should be protective to make sure you don't get evicted, not like they are going to provoke your current landlord. You are very fortunate that this current landlord is leaving, maybe it will be him that has to compromise on his refunds of the deposit, but the new landlord might not have anything against you after all is said and done. Because it will not come out of his pocket. Hopefully. So best of luck.
Being on assistance doesn't exempt the renter from his obligations. I mentioned this situation to my neighbor who is on disability and has her rent subsidized by the State. According to her, if anything the renter and landlord are even more made aware of the rules and regulations then a situation where the State is not involved. This is because the contract is not only between renter and landlord, but a third party as well.

If the landlord tried to put anything "illegal" in the rental contract, the State would render the contract null and void. The landlord for his part does not have to take a section-8 or other subsidized rental situation. In a rental market such as today's he loses money on the deal. I know mine does but he will not turn his tenant out while others would.

If a tenant on Section-8 or other subsidy violates the rules or chooses to ignore them, it makes the landlord not want to deal with any others in that situation. He may just decide not to accept even law-abiding citizens on these subsidies. When that happens, only the worst landlords owning the worst apartment buildings will accept subsidized housing tenants because those who can afford to pay more will not rent there.

I was an apartment manager for a couple of years. The owner had been willing to rent to section-8's but she got so burned by renters who did just what the OP, did whether intentional or not, she decided to forgo the section-8's and just do regular rentals after they moved out. I saw what she had to go through and although I was sympathetic to renters who needed it, I could see why she no longer wanted to put herself in the position of having to deal with the problems previous tenants had caused her.

The point is, there are two sides to every story. I agree that at this point the OP needs to get some legal advice from Legal Aid to straighten out this problem. It is to his advantage because the next time he goes to rent, if he doesn't get this problem resolved, he may not be able to find anyone willing to rent an apartment to him.
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