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Re: over payment for rent/ late fees
by Anonymous
on June 7, 2017 @17:15
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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.
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Re: over payment for rent/ late fees
by Nicole (PA)
on June 7, 2017 @18:16
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if the landlord uses a standard Pennsylvania lease, late fees are due, without notice or demand. the lease is worded I such a way that future payments are applied to late fees prior to current rent.
I find it quite surprising that someone who has needed to pay late fees on several occasions was able to pay an extra full month's rent and not realize it.
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Re: over payment for rent/ late fees
by jh
on June 8, 2017 @12:49
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I see where that may be confusing. it was a half months rent that was overpaid. it was 1 year into the lease when we asked to split it up a few times(hence the being late a few times, which he agreed to without an issue) we both made the payment not realizing the other did. After that everything was back on track.
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Re: over payment for rent/ late fees
by Garry
on June 8, 2017 @13:44
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Ya know, it would've been nice to have ALL the EXACT facts put out in your first post. Had you put those out, all of us would have answered you differently than we did. I was on your side, TIL NOW. Now, if you go to court, I hope you LOSE, just to give you a good lesson in life about being RESPONSIBLE.
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Re: over payment for rent/ late fees
by jh
on June 8, 2017 @12:43
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I really appreciate the input. And yes i have all signed emails stating the "if you dont drop it, i will..." and again we discovered this extra payment and we have not mentioned it to him yet just because of unsure how to bring it up. We also have all checks and bank statements showing there was in fact an extra payment made somehow or another.
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Re: over payment for rent/ late fees
by jh
on June 8, 2017 @12:50
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I really appreciate the input. And yes i have all signed emails stating the "if you dont drop it, i will..." and again we discovered this extra payment and we have not mentioned it to him yet just because of unsure how to bring it up. We also have all checks and bank statements showing there was in fact an extra payment made somehow or another.
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Re: over payment for rent/ late fees
by Goldy (CA)
on June 8, 2017 @17:18
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You said that the payment was split. Did you both have a different idea of what that meant? Frequently when a tenant starts an every 2 weeks payment schedule that does mean the tenant is paying higher rent over the course of the year. The landlord usually expects a higher rent for the inconvenience of tracking the payment plan.
How long were you on the changed payment plan? Was anything done in writing or was it all verbal agreement?
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Re: over payment for rent/ late fees
by Jh
on June 8, 2017 @21:20
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All in wriiting. They agreed to take split payments because of a medical issue that was quite serious(massive open heart surgery to a member of the household that caused a big setback)
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