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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My wife and I have lived here since June of 2011, our

Customer Question

My wife and I have lived here since June of 2011, our property manager until the end of 2014 was Fred Boley, (owners father) I feel that we had a good relationship. In the beginning of this year we ended up having to deal with a Property Management Co.
(Sun-world Group) from the beginning the man, (Paul) was rude and abrasive. The month of January went OK, rent on time and in full. February, I brought the full amount of rent to their office in cash. It was the 5th of January towards the end of the day. They
informed me they were unable to take my cash, I didn't have time to get a cashiers check. I told them that I could write them a check. I asked the young man at the counter if he could wait to cash this check? ( turn it in now, so we were late, but cash 1-2
after ) he replied that he could promise but he would try. That is when the snowball began. Unfortunately the check was processed and not all the money was there which caused an issue to snowball at our bank also. ( info is to show that we didn't want to get
the rent there late). Due to unfortunate circumstance of all events we ended up paying $500.00 on Feb. 24th. March 10th we paid our rent of $945.00. (behind and trying to get back on track) plus we are getting used to new managements rules on payments. March
19th we paid again because we hadn't paid all of February 3/19 paid 685.00 by my calculations taking 2 months of rent 945*2=1890-500=1390 dividing this figure into 2 payments should have caught me up. I did my math wrong. crap!!!! call me not smart, unknowingly
thinking that the 50 late fee would be a separate deal, and not knowing that I did my math wrong. It was still a few months before seeing on their website that I had been accruing a 50 late fee every month. OUCH! Once I realized what was happening I called
Paul on the phone and told him about my issue, He said, " I will see what I can do and try to get some of those taken off for you. After a month I went back on to their website and noticed that he had done nothing, It was so far out of control that we were
getting late fees even when our rent was on time.The owner owns 3 houses here on a dead end street, our neighbor who has been here for 8 years was evicted, no reason was given. We noticed they are going to begin building on a couple vacant lots here. Already
upset with new management company and knowing they are going to use half the land that we had enjoyed being open is going to be built on. We decided that it was time for us to go also. We found the perfect place to go, gave them $100 in application fee's and
then another 275 non-refundable and 1100 refundable deposit. this was after they said that our credit was OK and things looked good, took money referenced above. This was to hold the place. Then we received a call " were sorry but your current management company
gave you a bad report" Immediately called Paul asking to speak with him in person, he told me he was very busy and dad " why would you want to come in the office?" " Your rent is late," I said " can you please work with me because you were new to us and we
have clearly paid our rent on time, can you please consider taking a few of those off and I will bring the balance to you and get this paid today" HE said, " there is nothing that I can do, my hands are tied" I repeated my self a few times and asked " THERE
IS NOTHING YOU CAN DO? SO I CAN GET THIS PAID OFF TODAY? he replied "no" frustrated as I was said, your a heartless man who cares nothing about people and everything about your money and I am going to sue you. HE REPLIED " Oh, you shouldn't have said that
because I was just getting ready to help you"December 4th I paid our rent and included 50, total paid 12/4 was 995.00 That has still not been taken out of our account.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your specific question for us about this matter?
Have they ever given you a 3 day notice to evict for non-payment of rent, since not paying all accruing late fees is still considered non-payment of rent?
Are they refusing to take the full amount of rent due including the late fees you owe?
Customer: replied 12 months ago.
No, but we are wanting to move and he is saying that we don't pay our rent on time, we had a mess up in the beginning of the year, I made extra payments to get caught up. Due to the 50 add on, and I unknowingly had no idea that this was now included into my rent. They did not inform me of what was going on, as far as I knew this was seperate. The dates of payment are quite different than what my bank information say. I am going to send you what I have and maybe that will be helpfull my files are not sending. do you have an email address that I can send them to
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
Legally, he is not saying anything improper, as you did not pay your rent on time because of the late fees that kept accruing when you did not pay everything due. If you can upload a link to the information here I can look at it. But the issue is that under the law if all rent and any late fees are not paid in full then rent is still considered late and more late fees add onto the balance, which seems to be the problem you face.
You also need to read your lease itself to see what the lease says about these late fees. Have you done so?

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