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Old 12-18-2015, 07:35 PM
 
Location: somewhere south of Canada
2,163 posts, read 4,339,802 times
Reputation: 2581

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The property manager for the house I'm renting recently switched their online payment service. Until this month, paying online was free, as was mailing them a check.

Starting this month, they are charging a $2.95 "convenience fee" to pay online, but they are also charging a $10 fee if you pay by check, money order and even bank transfer. They do not accept cash or credit cards.

There is literally NO way to pay rent that doesn't require a fee in some amount.

This is just so wrong.

Also, they gave tenants no notice that there would be a fee for the new online payment portal. As a matter of fact, they recommended using the portal to avoid the fee that comes with paying by check. I found out when I logged in tonight to pay my January rent. I just got paid, and my next check won't come until the 4th, so there was no reason to not pay early and it was one less thing to worry about. Now, I'm sitting here all ticked off over $2.95. It's not just the money - it's that they didn't even inform the tenants.

Ugh!

This is in Texas, btw.
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Old 12-18-2015, 08:16 PM
 
13,131 posts, read 20,968,136 times
Reputation: 21410
Does your lease state you can mail them a check and if so, does it say you will be charged a fee for doing so?

Does you lease state you can pay via their online system, and if so does it say its without fee?
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Old 12-18-2015, 08:53 PM
 
Location: somewhere south of Canada
2,163 posts, read 4,339,802 times
Reputation: 2581
Quote:
Originally Posted by Rabrrita View Post
Does your lease state you can mail them a check and if so, does it say you will be charged a fee for doing so?

Does you lease state you can pay via their online system, and if so does it say its without fee?
Under method of payment, it states (I'm cutting out the parts not checked off), Unless the parties agree otherwise, tenant may not pay rent in cash and will pay all rent by cashier's check, electronic payment, money order, personal check... Landlord may charge a reasonable fee to process or accept payment by cashier's check, money order, personal check.

Electronic payment is unchecked in the sentence about fees, indicating that they should not be charging a fee for electronic payment.

I am even more ticked off after getting my lease and looking this up. Grrrr
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Old 12-18-2015, 09:14 PM
 
13,131 posts, read 20,968,136 times
Reputation: 21410
Under normal circumstances and in normal states, landlords must provide tenants with a payment option that does not incur any fee to pay the rent. However, Texas is an entity upon itself that is nothing close to normal. We have had many people in TX come with issues that the law supports only for the courts to make it up in favor of the business over the citizen. Hopefully a Texas landlord will come along with the answer to your situation
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Old 12-18-2015, 09:19 PM
 
Location: somewhere south of Canada
2,163 posts, read 4,339,802 times
Reputation: 2581
Quote:
Originally Posted by Rabrrita View Post
Under normal circumstances and in normal states, landlords must provide tenants with a payment option that does not incur any fee to pay the rent. However, Texas is an entity upon itself that is nothing close to normal. We have had many people in TX come with issues that the law supports only for the courts to make it up in favor of the business over the citizen. Hopefully a Texas landlord will come along with the answer to your situation
Tell me about it
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Old 12-19-2015, 12:24 AM
 
Location: Riverside Ca
22,146 posts, read 33,503,954 times
Reputation: 35437
I don't charge any fees to process rent payments. Lol. Someone is giving me money. Why am I gonna make it difficult for them to do so. It costs me nothing to process a payment.

PM CptnRn he's a Texas LL. He might have some insight
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Old 12-19-2015, 01:07 AM
 
Location: Phoenix, AZ area
3,365 posts, read 5,233,336 times
Reputation: 4205
Quote:
Originally Posted by Tropical Trouble View Post
Under method of payment, it states (I'm cutting out the parts not checked off), Unless the parties agree otherwise, tenant may not pay rent in cash and will pay all rent by cashier's check, electronic payment, money order, personal check... Landlord may charge a reasonable fee to process or accept payment by cashier's check, money order, personal check.

Electronic payment is unchecked in the sentence about fees, indicating that they should not be charging a fee for electronic payment.

I am even more ticked off after getting my lease and looking this up. Grrrr
The way that is worded to me it would seem they don't actually offer electricity payment options at all. You agreed to not pay in cash and only to pay by the checked options, no more no less. As for the fee it is stated in the lease that there may be a reasonable fee. Seems odd to me but legal unless you can find a law in the state that forbids it.
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Old 12-19-2015, 12:11 PM
 
Location: Austin, TX
16,787 posts, read 49,046,364 times
Reputation: 9478
Quote:
Originally Posted by Tropical Trouble View Post
Under method of payment, it states (I'm cutting out the parts not checked off), Unless the parties agree otherwise, tenant may not pay rent in cash and will pay all rent by cashier's check, electronic payment, money order, personal check... Landlord may charge a reasonable fee to process or accept payment by cashier's check, money order, personal check.

Electronic payment is unchecked in the sentence about fees, indicating that they should not be charging a fee for electronic payment.

I am even more ticked off after getting my lease and looking this up. Grrrr

Quote:
Originally Posted by AZ Manager View Post
The way that is worded to me it would seem they don't actually offer electricity payment options at all. You agreed to not pay in cash and only to pay by the checked options, no more no less. As for the fee it is stated in the lease that there may be a reasonable fee. Seems odd to me but legal unless you can find a law in the state that forbids it.
AZ Manager, that is not what I read. The way I read that quote by the OP "tenant... will pay all rent by... electronic payment...". It appears to say electronic payment is an option and fee's will be applied only to " cashier's check, money order, personal check".

The only thing addressed in the Texas Property Code http://www.statutes.legis.state.tx.u.../pdf/PR.92.pdf is this:

Quote:
Sec.
A
92.011.
AA
CASH RENTAL PAYMENTS. (a) A landlord shall
accept a tenants timely cash rental payment unless a written lease
between the landlord and tenant requires the tenant to make rental
payments by check, money order, or other traceable or negotiable
instrument.
And it goes on to describe the requirement to provide a receipt. It does not say anything about fee's.

I recommend the OP politely point out the language in the lease and object to the fee being applied to electronic payments, and see what they say. I would make that objection in writing so you have documentation of it. Any sensible landlord would correct the situation to comply with the lease language. If they do not, then the tenant has the option to sue in small claims court for damages and court expenses.

If the tenant lives in the Austin area they could consult with these people, they could help resolve the situation if the landlord is uncooperative. Austin Tenants’ Council/Austin Tenants’ Council If the tenant lives in a different community, check with it to see if there is a similar organization.
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Old 12-19-2015, 12:51 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,233,336 times
Reputation: 4205
Quote:
Originally Posted by CptnRn View Post
AZ Manager, that is not what I read. The way I read that quote by the OP "tenant... will pay all rent by... electronic payment...". It appears to say electronic payment is an option and fee's will be applied only to " cashier's check, money order, personal check".

The only thing addressed in the Texas Property Code http://www.statutes.legis.state.tx.u.../pdf/PR.92.pdf is this:

And it goes on to describe the requirement to provide a receipt. It does not say anything about fee's.

I recommend the OP politely point out the language in the lease and object to the fee being applied to electronic payments, and see what they say. I would make that objection in writing so you have documentation of it. Any sensible landlord would correct the situation to comply with the lease language. If they do not, then the tenant has the option to sue in small claims court for damages and court expenses.

If the tenant lives in the Austin area they could consult with these people, they could help resolve the situation if the landlord is uncooperative. Austin Tenants’ Council/Austin Tenants’ Council If the tenant lives in a different community, check with it to see if there is a similar organization.
Yep I totally read that wrong at 1 in the morning, I should have coffee before I post here.
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Old 12-19-2015, 01:04 PM
 
Location: Austin, TX
16,787 posts, read 49,046,364 times
Reputation: 9478
Quote:
Originally Posted by AZ Manager View Post
Yep I totally read that wrong at 1 in the morning, I should have coffee before I post here.
It happens to everyone sooner or later.
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