Arizona 1 Day Late on Rent (credit, houses, to buy)

[Foreverking]

Originally Posted by PHX Newbie

Is there more to the story? Are you relying on the grace period every month? Have they warned you that they'll send the next late payment to collections? Did they actually send the case to a collection company - this question is the key. If they sent it to collections, I would say you're responsible for that fee; if not, then there's no basis for the charge.
But bottom line - pay your rent on time.

I agree with paying on time...problem is that sometime sh.. happens and some people get paid the 5th and 20th of the month. Especially in my profession. Most renters are living paycheck to paycheck. You have a good point on your post however..we just don't know enough about the full story.

[observer53]

I don't think they had time to send it to collection, if the rent was due by 6 PM on the 3rd, which this month is a legal holiday. And, you don't send rent to collection, you file in the JP court for eviction. Whether the OP has been late with rent before is another issue, but I still think that 200, when there's no mention of this additional fee in the lease, is not going to hold up if it's challenged.

[Captain Bill]

Sending an account to collection for being a couple days late is not the standard procedure. The legal procedure is to issue a 5 day notice to pay rent or leave. The late fee covers that notice.
Document in writing that you have offered a check for the amount of the rent plus late fee on the date, and have their refusal to accept it in writing.

Contact the Arizona Department of Real Estate and ask them if the law allows the landlord to charge you a late fee plus a collection fee when your rent is only 3 days late. If they can't answer the question, then ask how you can file a complaint against the apartment manager.

Then I suggest you take your laptop and have a copy of the Arizona Landlord and Tenant Laws, and Tenant Rights and Obligations open in there (too many pages to print), after having read them, and talk to the property manager. Have the check with you that they refused.

Show him/her that there is nothing in the AZ law that allows them to charge you a $200 collection fee when you are 2-3 days late, and there is nothing in the contract that allows that either. Let them know that you will file a complaint with the ADRE, and will hire an attorney if they do not accept your rent check that they refused before.

If necessary, then contact a "real estate" attorney in your local area. It must be a real estate attorney because they know the laws and can give you an answer faster.

[af1123]

Just to answer everyone's question. I have not been late on a prior payment, this is a first.

[Captain Bill]

On this link you can find the Landlord Tenant Act, and scroll down a little to find the Tenant Rights and Responsibilities. When you rented the apartment, the PM should have pointed out where you can have access to these documents.

They are important for you.

[Foreverking]

While your at it, there are a few helpful realtors on this thread. Why not contact tham and get a house as mentioned before. Apartments are such a hassle. Fees, noise, parking, inspections, no back yard. Houses are cheap, rates are low...why rent at all?

[MotleyCrew]

Originally Posted by af1123

The $75 late fee is in my contract which I had no problem paying. I was going to pay my rent plus the $75 but I refused the $200 Collections fee because it was not in the lease. So they refused the payment without the $200. I didn't get any proof of them refusing the check.

If it isnt in the lease and they have not done anything to try to collect they are wrong to charge this fee. YOu offered payment and they refused...not smart.

[Greatday]

Originally Posted by af1123

For my apt complex rent is due on the 1st every month and gives us a grace period to pay until the 3rd. I tried paying on the fourth knowing there would be a late fee. They refused to accept my check and told me there would be a total fee of $275. $75 for the late fee and $200 for a collection fee. Is there anything I can do???

Yes - pay the fee(s).

While it seems rough, it is legal ASSUMING it is in the rental agreement.

[Greatday]

Originally Posted by Captain Bill

Sending an account to collection for being a couple days late is not the standard procedure. The legal procedure is to issue a 5 day notice to pay rent or leave. The late fee covers that notice.
Document in writing that you have offered a check for the amount of the rent plus late fee on the date, and have their refusal to accept it in writing.

Contact the Arizona Department of Real Estate and ask them if the law allows the landlord to charge you a late fee plus a collection fee when your rent is only 3 days late. If they can't answer the question, then ask how you can file a complaint against the apartment manager.

.

Bill - the ADRE will not give him an answer - they are prohibited, by law, from giving such responses. Contacting an attorney with knowledge of Landlord / Tenant law would be a good suggestion though. He he were to check out the web to find law firms that specialize in this area would be a good start.

[Sunni2012]

I'd start lookin for a new apartment since your trying to pay and there being unreasonable.