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Old 01-27-2017, 07:36 PM
 
2 posts, read 8,983 times
Reputation: 10

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I paid my rent on time November 2016 even writing a note on my check, which manager called immediately to answer the same day. Three days later I see an email from same manager asking for my rent check. I called her right away. She then sounded surprised.
"Oh ya, you did pay it, I called you. The girl who picks up the checks must have lost it somewhere. Do you mind bringing us another check?"
I worry someone could use that check to steal money, or even my identity. They never took this situation seriously, plus I had to take time from work to get another check to them. And never have found ck.
Then, on 1/1/17, New Year's day evening, about 2.30-3pm we had a whiteout snow storm, and as I drove by the office, pathway was not clear, blowing snow, and no boots. I decided to wait until morning before the office opened at 10 am. I got over to drop check in maildrop at 7:40am, but saw Manager shoveling snow. Didn't want to bother her so I called to say my check was in the maildrop. She left me a late notice of $87.50 on 1/3/17. I called to complain but she said she got my message but was too busy to call and I was technically late, so I have to pay.
Question...How much value should I put on my lost ck vs. late fee???
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Old 01-27-2017, 07:47 PM
 
Location: SoCal
14,530 posts, read 20,109,373 times
Reputation: 10539
Ask for them to present their request in writing including admission that they already received your check, stop payment on the first check, issue a new check after your bank assures you that stop payment has taken effect.

I was faced with a similar situation a few years ago when I had a nasty manager, and one time my rent check didn't clear until about 3 weeks after I handed it to the manager. All these 3 weeks I wondered, "What would I do if that nasty manager said I never paid?" After that I always paid in person and demanded a receipt. Problem solved.

I can't answer your question. How much value do you place on being treated like a sucker?
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Old 01-28-2017, 05:34 AM
 
10,746 posts, read 26,004,925 times
Reputation: 16028
You owe the late fee for January...you chose to pay it late..you saw the manger, you knew she was onsite and yet, didn't leave your payment.

The lost check should be on them since they admitted that you paid it and they lost it...try and negotiate with the manager, but don't hold your breath.

The OP isn't being treated like sucker...they were asked to replace a lost check (doesn't matter who loses it, rent still needs to be paid) and they chose to pay Jan's rent late. The only thing they can complain about is the stop payment fee for the check .
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Old 01-28-2017, 06:54 AM
 
12,016 posts, read 12,746,342 times
Reputation: 13420
Quote:
Originally Posted by Julielilienkamp View Post
I paid my rent on time November 2016 even writing a note on my check, which manager called immediately to answer the same day. Three days later I see an email from same manager asking for my rent check. I called her right away. She then sounded surprised.
"Oh ya, you did pay it, I called you. The girl who picks up the checks must have lost it somewhere. Do you mind bringing us another check?"
I worry someone could use that check to steal money, or even my identity. They never took this situation seriously, plus I had to take time from work to get another check to them. And never have found ck.
Then, on 1/1/17, New Year's day evening, about 2.30-3pm we had a whiteout snow storm, and as I drove by the office, pathway was not clear, blowing snow, and no boots. I decided to wait until morning before the office opened at 10 am. I got over to drop check in maildrop at 7:40am, but saw Manager shoveling snow. Didn't want to bother her so I called to say my check was in the maildrop. She left me a late notice of $87.50 on 1/3/17. I called to complain but she said she got my message but was too busy to call and I was technically late, so I have to pay.
Question...How much value should I put on my lost ck vs. late fee???
Seems odd they would demand the check on a Federal Holiday and that they consider the 3rd to be late. I would make my payments in person on the 25th or so, some time the week they were due and post date them to the first and ask for a receipt.
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Old 01-28-2017, 09:39 AM
 
Location: SoCal
14,530 posts, read 20,109,373 times
Reputation: 10539
Quote:
Originally Posted by LifeIsGood01 View Post
Seems odd they would demand the check on a Federal Holiday and that they consider the 3rd to be late. I would make my payments in person on the 25th or so, some time the week they were due and post date them to the first and ask for a receipt.
Not at all. If there is an on-site manager and the office is open on the due date, it is perfectly acceptable to pay your rent on that date, holiday or not. Otherwise you should pay your rent on the last office open date BEFORE the rent is due.

This happens at my rentals every year on January 1st. (All my leases have due dates the first of the month.) I always send emails to all tenants telling them to beware the 1st is a holiday and to ensure they pay their rent by Dec. 31st (or the final date banks are open in the previous year) in order to avoid late fees. Happily, all my tenants complied!
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Old 01-28-2017, 09:47 AM
 
Location: North Idaho
32,634 posts, read 47,975,309 times
Reputation: 78367
Well, if rent is due on the first and late on the second, you paid rent on the 2nd, so you owe the late fee.

If you paid rent on time and the office lost the check, your rent still hasn't been paid. But if you have proof that the check was in the office on time, you should not be charged late fee.

Legally they don't have to do it, but the office should pay your check stop fee for the check that they lost.
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Old 01-28-2017, 10:25 AM
 
10,746 posts, read 26,004,925 times
Reputation: 16028
Quote:
Originally Posted by LifeIsGood01 View Post
Seems odd they would demand the check on a Federal Holiday and that they consider the 3rd to be late. I would make my payments in person on the 25th or so, some time the week they were due and post date them to the first and ask for a receipt.
It's due when it's due and it doesn't matter if the first falls on a holiday or a Sunday...it still needs to paid on time. On time means, the day it's due, not two days later so paying it on the 3rd would most certainly mean it's late.
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Old 01-28-2017, 05:53 PM
 
Location: SoCal
14,530 posts, read 20,109,373 times
Reputation: 10539
Due date means payable on or before due date. Not after due date because it was a holiday.
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Old 02-13-2017, 03:12 PM
 
2 posts, read 8,983 times
Reputation: 10
I did pay it other day I saw the manager, 1/2/17, at 7:30 am, the 1st was a holiday and office was closed until 10am on 1/2/17.
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Old 02-13-2017, 04:38 PM
 
Location: SoCal
14,530 posts, read 20,109,373 times
Reputation: 10539
Actually January 2nd was an official holiday this year, "New Year's Day Observed" holiday.

In fact if your rent is due on the 1st and that date is a banking holiday, tenant is responsible to pay rent on the previous day. I presume same would apply if rent is customarily paid at an office, although the office should have a mail drop for when the office is closed.

In other words if you are required to pay by the first, it's not the landlord's fault it's a holiday. The only way it's possible to satisfy the agreement is to pay before the due date.

I like my tenants to pay early if the 1st is a holiday, but I've reached the point where a day or two late doesn't bother me any more. Let sleeping dogs lie.
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