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Hi,
I just received a notice in the mail that our rent check was returned for an unspecified reason and that we are being charged a late fee. There is at least 4 months worth of rent in the account so it couldn't be insufficient funds.
My question is should the landlord have called us as soon as this came to their attention? The date that they deposited the rent was 9 days ago from what I see on the printed receipt from their bank. The letter I received today was the first I am hearing of any of this. I pay rent on time always. I'm a little upset that my landlord did not notify me sooner so we could avoid a late fee. For the record I called to check on the status on the 5th since I saw that the check was not deposited and I did not receive a call back.
It's not clear whether you called the bank or the landlord on the 5th. In either case, it does show you had expected the rent to be paid, and you were checking on it.
Technically, I think you could be required to pay the late fee. But you first need to talk to your bank and figure out why the check was returned. Try to get it in writing. Then, using that explanation, you can talk to the landlord and show you had the funds and there was some sort of bank error. If the landlord still insists on collecting the late fee, you should pay it, and then ask the bank to refund it if they made an error.
Hi,
I just received a notice in the mail that our rent check was returned for an unspecified reason and that we are being charged a late fee. There is at least 4 months worth of rent in the account so it couldn't be insufficient funds.
There are a number of other legitimate reasons the bank could have returned it... wrong payee, missing date, post-dated, missing signature, discrepancy between amounts written on face, restrictive endorsement. If was returned for any of those reasons, you're probably out of luck, and a late charge is chargeable to you.
It also could have been returned for a missing endorsement, in which case your landlord is liable.
Or it could have been a bank mistake, in which case they are liable for paying the late charge.
Quote:
Originally Posted by CallThemTodaisies
My question is should the landlord have called us as soon as this came to their attention?
Ideally, yes, but they have no obligation to.
First thing to do is find out why the check was returned.
Thank you for the responses. On the 5th I called landlord. I didn't think to call the bank until this morning before I received the notice in the mail. Bank and the customer service line were both closed. I called landlord's direct line after receiving the notice to remedy the situation. I still haven't heard back.
I am fine with the late fees(it's an inconvenience) since I wasn't diligent in making sure things were on the up and up. I'm just irritated that landlord didn't notify me sooner seeing as how this returned check situation was known before the first of the month. Just seems like they wanted me to be late and get extra money outta me😢
Sorry that this happened. I can't speak for your bank, but my credit union would refund the fees if they bounced a check in error. So it's worth asking your bank.
My normally reliable tenant bounced a check, and it took my bank over three weeks to notify me that the check had bounced. So, I suspect that your landlord notified you as soon as he knew.
Your rent is late, so you owe the late fee and probably a bounced check fee on top of that. Sometimes if it was 100% the bank's error, the bank will reimburse you for the late fee. It's worth asking.
You also owe your landlord a sincere apology about the inconvenience caused by the bad check.
My normally reliable tenant bounced a check, and it took my bank over three weeks to notify me that the check had bounced. So, I suspect that your landlord notified you as soon as he knew.
Your rent is late, so you owe the late fee and probably a bounced check fee on top of that. Sometimes if it was 100% the bank's error, the bank will reimburse you for the late fee. It's worth asking.
You also owe your landlord a sincere apology about the inconvenience caused by the bad check.
I am not trying to get out of paying a late fee. I will pay late fee and other fees accrued. The landlord attached a receipt from their bank stating my check was returned dated the 31st of August.
As stated earlier I called landlord on the 5th and was not given a response as to why the rent was not taken out of my account. That's what makes me upset. I have called since receiving the notice to make arrangements to get them their rent with no response. This is an inconvenience for me, too. I'm trying to handle this in a timely fashion but it seems the urgency is one sided.
Notice how circular this all becomes until you find out why the check was returned?
In the meantime, while you are waiting to find that out, relax about your credit score. Many landlords don't even report it, and even if they did, being late only once still places you near the top. Don't worry about it.
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