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Background: I rent a condo and always pay my rent on the 1st of each month, no issues or late checks ever. I paid my rent in full on October 1st to the owner.
On October 4th residents received notice that the building was now under new management, and that land lording, rent collection, maintenance would hence forth be handled by them.
Problem: I received a letter last night from the new landlord claiming that I never paid my October rent and now owe $50 per day since October 1st in late fees. That totals about $1500!
I explained that I already paid my rent, that I paid it before the notice of new management was sent out. I have a carbon copy of my rent check, along with bank documents showing the check was cashed for payment. My landlord said "That's not my problem, you still owe us the full amount of rent plus these late fees."
I am asking for help here, I've never been in this type of situation before. What actions can I take? I already proved that I paid my rent in full on time. This should be an issue with the new management and the previous owner, not me. What should I do?
First, what state are you in? Thats an important part of providing advice.
Generally, If the lease states you pay ABC, you pay ABC. If XYZ send a notice after you paid ABC per the lease, too bad for them. But don;t expect it to be a walk in the park. You may have problems with them until straightened out. But without knowing your state, can;t get any more specific.
Problem: I received a letter last night from the new landlord claiming...
I explained that I already paid my rent, that I paid it before the notice of new management was sent out.
This is the sticky wicket part.
Quote:
(Your new) landlord said: "That's not my problem, you still owe us the full amount of rent plus these late fees."
How much advance notice of the management change did you get?
Did this notice describe the who and how of future rent payments?
What if the new place is scamming everyone to get folks to send money to them. Maybe the old landlord did not turn over management. Wouldn't that be something. Can you call someone from the old landlord/per the lease. Do you have a phone number or an email? Else, maybe send certified mail to the original landlord (where you send your check), to notify them of the situation and specify that the rent was paid Oct and check already cashed, etc. And for them to advise you as to how to handle the current situation for Oct rent and how to handle paying rent for Nov going forward.
I once got a fraudulent letter stating my mortgage was taken over by a new company, and was instructed to begin sending the payments to XYZ at the new address given. I contacted my original mortgage provider. No changes took place and the payment still was required at the original address. It was a scam.
I would send a certified letter that included a copy of the check and the letter clearly showing the dates and state you followed the appropriate procedures. If the new LL continues to harrass you about it I would get an attorney to send a letter ASAP warning him of the consequences of continued harrassment.
When is your lease up? I would want to get out of there as soon as possible. I would also talk to some of the other tenants and ask if they had a similar problem.
Your situation isn;t covered by Washingtons landlord tenant laws, its covered under business law. But essentially, it says they needed to notify you in "sufficient time" (whatever that means) so you could comply but if after your contractual obligation, they don;t have any do-over rights. So, when does the lease say you are to pay rent and was the notice deliverd after the actual due date in the lease?
Your old landlord screwed you over by cashing the check, too. If they had returned it, you would have then had the money to pay the new LL, or if they had sent payment on to the new LL, you would have been paid. But to take the check and cash it, knowing that they had no right to that money, and that you would have problems because of it, is a low move.
I think you should contact them, and #1 find out if they really don't manage the property anymore, and #2 if they don't, find out when that change took place. If it was before October 1st, demand a refund of your October rent, since the new LL is demanding you pay them also, and you are probably going to wind up in court over it. See what they say.
The new LL probably has no right to demand any October rent from you, since rent was due on the 1st, you paid it on the 1st and didn't receive notice until the 4th. Notice sent out October 4th should be for changes no earlier than November 1st. They probably DO have the right to October's rent, assuming this is a legit change, and that it happened prior to October 1st. But they should collect from the old owner, not from you.
Actually, as I was typing this, I had a thought. Is it possible that the prior LL forwarded the rent on to the owner, and the owner already HAS your rent? Then the new LL would have no grounds to collect anything, as nothing would actually be due. That would be a question to ask the prior LL when you contact them as well.
The new management's position does not make a lot of sense. It sounds as if they are demanding payment for the accrued late fees only. Is that the case or are they also making a demand for October rent? I am just wondering why they would only claim you owe $1500(late fees), rather than $1500 plus October rent? If they are conceeding that you dont owe the rent because it was paid on the 1st, then you also do not owe the late fees. At any rate, they are out of luck for October if their notice about the change came after the date you paid rent.
And yes, you'll have to pay filing fees for court, unless Washignton awards fees if you win in small claims matters.
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