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browneyes77s · Jan 20, 2008, 01:47 PM

I live in an apartment complex. The rent is due the first of the month, they give until the 10 of the month. We paid it on the 18. On the 12 we got a letter stating that we were being charged a $200.00 fee for not paying on time. My husband went up to the office and paid it on the 18. Yesterday we got the check back in the mail stating that we were turned over to the legal department and were going to be charged an additional $500.00. Can they do this? We live in NY. We looked at our lease and it does not say any thing about this matter.

excon · Jan 20, 2008, 02:16 PM

Hello brown:

Your post will be moved to the real estate section shortly.

If your husband paid your rent plus the late fee, then they can't refuse payment, in my view. If the lease doesn't make mention of a $200 late fee, then they can't even charge that. I have no idea what the $500 is for.

Check out your rights in your state law. We have a copy of your landlord tenant law right here at the top of the real estate page on a "sticky note".

I wouldn't do anything until you hear from the "legal" department. I would document what has taken place so far. I would also do all my communication with them in the future by letter sent certified, return receipt requested. If you talk on the phone with them, recap the conversation and send them a copy.

When you hear from the legal department, assuming they're bound by the same laws the rest of us are, they'll accept your rent and move on. If they don't, let us know what they DO decide to do.

excon

Fr_Chuck · Jan 20, 2008, 02:19 PM

Can they, well I guess they did, should they or can they legally is the real issue.

First is this in NY City or just in the state, NY City has some special laws including some rent controls and so o.

If you have a rental lease, they can do only what is allowed in the lease.
Now does the lease mention "additional fees" of does it give a specific late fee. But if after the 10th, they sent to the legal department to start eviction procedures, I would "guess" that you lease does say they can add collection and/or legal fees in collection.