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Home > Law > Real Estate Law   »   Unwarranted Late Fee

 
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Old Feb 7, 2006, 07:53 AM
Toiner
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Unwarranted Late Fee

I live in Falls Church, Virginia (Fairfax County). Rent is due on the first, but we have until the 5th to pay. I dropped off the checks in the Rent Drop Box at the rental office the morning of the 5th. (a sunday but the office is open)
On monday when I return home from work there is a late notice on my door for 10% of my rent (I have not checked to see if the 10% thing is in the rental agreement...usually it's $25 with past experience). I went to the office immediately to ask about this...the office had been closed for 15 minutes but the receptionist was nice enough to check on it for me. I was told to come back the next day. I did and was told that they had just found the check that morning (it is now the 7th). I am waiting for a call to see if they will accept the personal check (they required a money order in the notice)

What are my options here if they won't accept it? It seems like it's my word against theirs, and I don't want to pay $150 for their mistake!

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Old Feb 8, 2006, 06:02 AM   #2  
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Hi,
Unfortunately, it's your word against theirs. Waiting until the very last day to pay rent is really not a good idea, since things like this do happen. If it's due on the 1st, then I would get into the habit of paying it no later than the 1st.
Maybe in talking with the manager, you can convince him/her that your check was in the "drop box" on the 5th.
I do wish you the best of luck.
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Old Feb 8, 2006, 07:20 AM   #3  
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Really nothing you can do. In most rental or lease agreements it will state, that the money is not credited till recieved. Droping the payment off in a drop box on the last day on a weekend is a very poor idea
Plus if you stated they were open on Sunday, why did you not take it in and hand it to them not drop in in a slot.
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Old Feb 8, 2006, 08:44 AM   #4  
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And if the rent is due on the 1st, then giving it in on the 5th even makes it late!!!

They just give you a bit of leeway for situations like this!!!
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