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Roger
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Category: Real Estate Law
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My daughter in law and grandson are diabled. Their landlord

Resolved Question:

My daughter in law and grandson are diabled. Their landlord has been harassing them for a while. My wife is her Soc. Sec. trustee. we get her check pay her rent from it and divide the rest ea. wk. We made the payment in the drop box on time. the landlord claims it was late because she closed the office at 5pm . She did not post it intil the next day. She now wants to charge late fees. What can we do!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

Does the lease say rent is due by a certain time of day or something like "at the close of business"?

Customer: replied 2 years ago.
No it does not, but they know she gets her check on the 3rd. which is the due date. Often we pay then deduct it from her check later. They apparently switch the due dates around for those on gov.t assistance!
Expert:  Roger replied 2 years ago.

As long as there is no specific time deadline for the due date, and long as the money is there by the due date, no late fee should be assessed. In other words, as long as you get it there before midnight on the due date, it's not late.

 

I would recommend that your daughter ask where the lease says rent is due by 5pm. If the landlord can't do this, no late fee should be assessed.

 

If the landlord still persists with demanding payment, I would recommend that you contact the local housing authority if one exists, and if not, I would recommend that you contact the consumer fraud division of your state attorney general's office about this landlord's actions.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 27061
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Roger
Roger
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters