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    Dominic08's Avatar
    Dominic08 Posts: 6, Reputation: 1
    New Member
     
    #1

    Nov 6, 2007, 04:23 PM
    Can somebody not accept partial payment.
    Hello and thank you all for answering previous questions.
    I am in the military about to deploy at the end of the month. I am having a problem with my apartment complex. To back track, I have lived here for approximately 5 months and two months ago, I got some family to stay here on the special "recommend someone and get 200 dollars". My significant other filled out the paper work, and we thought everything was fine. The next month, I attempted to pay 200 less on my rent and was told I had to wait as this process was incomplete.
    This month I did the same thing and wrote on the check in the notes category " rent minus referral incentive". They accepted the amount from my significant other, saying the check that we were about to receive would be applied to the amount. Today I received a eviction notice. 200 in rent, the gas bill (57 which my significant other forgot to pay) and late fees. I went to the rental office to discuss the issue. Needless to say, we got into an argument. She stated, my significant other completed more paper work yesterday, and since it did not get to the corporate office, then we would get a check on a date after we left the complex. I told her this was unacceptable because I was leaving the area, and it would be difficult to contact them from Iraq. I attempted to pay the gas bill on the spot, the assistant manager refused saying that she could not accept partial payment and that I had to pay the 200 and wait for a return check from the apartment. I am in the state of WA.
    My question is threefold. Can they not take the amount for the gas? I am a in the wrong for the 200 and the late fees, since they accepted a check for the lower amount with the explanation in the note section? Can they evict me on this issue and when? Or can they put it in collections without some type of due process?
    I know that this a little issue with a small amount of money, I have it, I pay my rent on time every month, but this complex aggravates me because every response I have, from fixing the dryer to the toilet to this recent incident is always answered to with come back later or we will get to it later. I had to wait for a month for them to fix my dryer. In fact they attempted to not let me out of my lease because my deployment. I asked and had in writing that I may need to leave because of military and they gave me a headache about it. As for this incident, We already filled out something, if they did not send it or, they needed more paper work, how is that my fault if they never told me. Thank you for your time
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Nov 6, 2007, 04:36 PM
    From what I understand they don't have to accept partial payments but once they accept AND cash it then it is in your favor. Since you noted on the check it was -200. For the referral and they cashed it I don't believe they have a case even though you didn't follow the process which is usually them sending you the $200. As a check sent to you separate from your rent.
    It sounds like they aren't doing things they should to where some things should be in your favor.
    Your trying to pay for the gas and them not accepting payment might be a your word against their word.

    God Bless you in Iraq
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