Landlord Reinstatement fees Excessive? (lease, credit, month to)

[SomewherenKS]

In Kansas.
Our original lease was 2005-06, we have been month to month from the time 2006 lease expired to the lease signed 10/2010 In the time between the old lease and the new, drastic changes were implemented.
The big problem started 09/2010, when rent check was returned NSF, on 09/14/2010. On 09/17/2010 the LL created a letter, mailed 09/23/2010, stating we had rec'd our third NSF in a calendar year and they would no longer accept checks. The 09 rent was paid by electronic check 09/24, which was short $200.00 for the fees they had added. They added $100.00 9/14 for non-discounted rent, $50.00 for a posting fee and $5.00 everyday late. BTW, the $100.00 for the non-discounted rent was not added to the amount until the NSF, they usually add this when rent is not paid by the 4th of each month.
LL filed Forcible Detainer, Petition, Summons in District Court, file stamp 09/21, a judgment was enter 9/30 for $250.00 + $92.00 costs & restitution of premises was granted.
I know we have all heard it before....hear it again, we were never served by the Sheriffs Department; they claim a copy was put on front door. I did receive the summons USPS stamped 9/28/2010, after the hearing date. Sheriffs Dept, stated they mailed and left at resident 09/23, which is not true, envelope is stamped USPS 9/28.
The LL sent letter 10/5/2010, telling us about the $342.00 judgment and if we wished to stay on the property, we will need to do the following. *pay October rent including $100.00 non-discounted rent charge in certified funds, *sign a new lease for min of one yr; pay a lease re-instatement fee of $500.00 in certified funds. They say, "These terms are non-negotiable". We will be posting this letter on your door today and are giving you until the close of business Oct 6, 2010, to notify us that you would like to accept these terms.
We paid the 10/2010 with check, with of course was returned and addition charges for late fees were added.
I looked up account history and the NSF check 09/17/2010 was our 2nd NSF, not the third as they stated. I say LL should credit our account for all the fees added due to their return of 10/3 rent check. LL was wrong to return since it was not the 3rd NSF. The office simpleton refuses to discuss this matter with me.
So sorry this is so long, it's become a huge mess. We have been here without any major problems with LL. Husband lost his job of 14 years after major heart attack 06/2010. We are having some hard times and this LL is making life a living hell. I have lost 23 pds (not good), can't eat, and can’t sleep, the anger and hate for this LL is building up everyday.
LL just posted another $500.00, 05/2011 for management fees, this time not payable in 3 payments.
I hope you can understand this all, I have a hard keeping my thoughts straight these days, when I start going over this file the tears start rolling!
So, would this be considered excessive, out of line?
What can I do........please help!
Thanks for you time.


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[SweetOzarksGirl]

Wow! That is all so crazy. You've been such good tenants for so many more years than most people ever are. Most folks just rent for a few months to a couple of years and you've been there so long. I hate to say it, if this is out of the question, but I think I would move and start over with a new landlord.

Oh, and in answer to your question, yes it is absolutely excessive and out of line. Is it even legal to do this? Have you checked? I've never heard of such a thing.

[SomewherenKS]

I know, right! This is kickin" hell out of us.
Hubby didn't have a job for 8 mos. He is now employed, but going to take some time. We're not asking for free rent, just give us a break.
I completed/sent my letter to the BBB today, so it's a wait game now.
And yes, I have researched the lease reinstatement fees, LL can charge fee, just if this is excessive and how to make it stop.

The District Court, entered judgment for $250.00 + $92.00. LL posted $250.00 + $142.00 on our account as Legal/Attorney Fees, Court Cost Awarded Mgmt in Judgment. Can they do this?

[SweetOzarksGirl]

When you say the landlord can charge fees, is there a legal limit to the amount?

When it comes to the District Court doing it, then yes, it can be done. Courts don't break laws as they're in the business of upholding them. But it sounds to me like Small Claims and the Court is just going to accept what is filed by the landlord. It's up to you to question it. I'd consult an attorney. If you can't afford one, I'd consult a free Legal Aid or an online Lawyers Forum and get some answers. I'm not in the legal field, so I'm not much help.

[SomewherenKS]

The question I have on the court cost charges is, the journey entry states $250.00 and $92.00, yet LL charged $250.00 and $142.00. LL added $50.00 on top of journal entry amount.
I thought the amount entered in the journal entry would be the amount LL could charge, not amount entered and then some.

[steel7]

The fees sure are excessive & out of line. Your ll is a bad bad person. Move & start out fresh before you have a breakdown or ***** slap the ll.

[SomewherenKS]

Thanks, it helps to know I'm not the only one who feels this LL is bad and excessive. I'm still trying to find out about the reinstatement fees, how often LL can post to account. I would think there would be a law on the books somewhere. If anyone can point me in the right direction, I would appreicate it.
I sent LL an e-mail asking her to put into writing what her and my husband discussed in last phone call regarding lease, haven't heard back....this worries me. I may have gotten us booted out of here by filing with BBB. That would be bad.
Again, thanks to all for your time and kind words...it really helps

[marilyn right]

can a REit add late fees to 3rd paert heating bill