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Re: over payment for rent/ late fees
by Garry
on June 7, 2017 @10:52
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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.
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Re: over payment for rent/ late fees
by jh
on June 7, 2017 @11:00
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thanks for your reply. He never asked for or attempted to collect a late fee. I have all email correspondences that I let him know when it would be late and him agreeing to it and waving late fees. I feel if I overpaid in rent and the security deposit has been settled, then I am legally entitled to my overpayment aren't I? At this point he is unaware of the overpayment situation. I'm wondering how to present it.
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Re: over payment for rent/ late fees
by Garry
on June 7, 2017 @12:23
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It's not how you "feel" , it's what you can PROVE. You will need to present the LL the FACTS. You will need to show, from receipts, cancelled checks or money orders, etc, all the actual dates you paid the rent, and the amounts. And very likely, from the date you moved in, to the date you moved out. That's what a judge would want to see from you, if you decide to go to court.
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Re: over payment for rent/ late fees
by jh
on June 7, 2017 @12:42
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i agree and yes i have all of that. what im wondering is can he try to now get late fees after we've settled everything else. i dont believe he no longer has that right.
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