over payment for rent/ late fees - Landlord Forum thread 352743

over payment for rent/ late fees by jh (pa) on June 7, 2017 @10:18

Recently moved out of a rental. a partial security deposit was returned. After looking at my records, I noticed there was a month that i paid twice for some how. I should be entitled to that back shouldnt i? Also there were a few times that rent was not made on time but always let the landlord know up front, they always accepted it. They never asked for a late fee or gave us any type of "late fee notice" Now, In some recent emails back and forth about the security deposit, he makes mention that if we do not "drop it" he will pursue all claims for late charges. Can he do that when we were never asked for late charges? How should I handle getting my extra payment back?

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Re: over payment for rent/ late fees by Garry on June 7, 2017 @10:52	[ Reply ]

If any of this ever gets into court, a judge is not likely to allow the LL to collect the late fee charges, unless the LL at least TRIED to collect them at the time they occurred. That is doubly so, if the LL did not deduct any amounts for late fees on your security deposit statement. It's also possible the LL used your "extra" rent amount in that one month, to pay for all the "late fees" you incurred. My guess is, is that if either you or the LL decide to take the other to court, you both only have a 50/50 chance of winning/losing. Only you can decide if the costs vs rewards is worth it to go to court.

Re: over payment for rent/ late fees

Re: over payment for rent/ late fees by AnonymousFL on June 7, 2017 @13:12	[ Reply ]

If I were in your situation, the first thing I would do would be to make a ledger (or spreadsheet) of all of the charges and payments made. I would start the ledger a few months before you think the double payment was made in order to try and find a point where the balance was zero or close to it. Make sure each payment is backed up by a receipt or cashed check on a bank statement. IF you are certain there was an extra payment, go to your landlord and ask for an account history including all charges, payments, fees, etc. If he asks why, say up front that you may have found an accounting error and want to double check. Hopefully he will work with you. If he refuses, then decide if you want to sue (I would, but then again, I keep good records).

Re: over payment for rent/ late fees by Anonymous on June 7, 2017 @17:15	[ Reply ]

You have several issues here IMHO; The landlord may have waived (waiver and estoppel) the late fee(s) by accepting rent without demanding the late fee. (never asked for a late fee or gave us any type of "late fee notice") The landlord would have to prove that a demand for late fees was made. Every lease implies Fair and Truthful dealing by law. The landlords acceptance, if correct, of an additional rent payment should have raised questions as to why and how to apply it. Not saying anything or taking action to determine the reason for it, may constitute taking by conversion. Be sure you have proof of the extra payment. The landlords threat "if we do not "drop it" he will pursue all claims for late charges" is in violation of the tenants rights to dispute security deposit claims (Harassment). The fact is that the landlord likely has waived the right to such late charges. Late charges are for the reasonable cost of damages the landlord incurs from late payment. If the landlord is threatening to pursue the claim for late fees at this point, the argument is that the landlord did not incur any damages and is not entitled to any late fee. The question is if you made an extra payment, then you are entitled to a refund of that payment. If the landlord accepted the extra payment and did not apply it to the security deposit settlement, then it could be interpreted that the landlord has illegally converted the extra payment to his account. Otherwise, Thief by Conversion, which is a criminal offense. You should contact a local tenant organization in your area for advice and help or the advice of an attorney if you have proof in fact of the extra payment.

Re: over payment for rent/ late fees