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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Landlord has found rent 2 weeks later, that was dropped in a

Customer Question

Landlord has found rent 2 weeks later, that was dropped in a nightly safe box and is changing late fees. Where do I stand within my tents rights
JA: OK. The Lawyer will need to help you with this.
Customer: Ok
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: An eviction suit has also been filed
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
A notice to vacate for non payment of rent was left on my(tenants) door if rent was not payed by June 10. I proceeded to purchase a cashiers check, following landlords guidelines regarding late payments, and dropped in the nightly drop box. The management office is closed Friday-Sunday. Didn't think anything of rent not being received, until I was served with eviction papers the following Thursday. Called management office with no answer. This morning a received a letter stating that I put my cashiers check into the night box over the weekend and that I only pairs for the monthly rent and partial fees. I am now trying to fight the unwarranted late fees and the notice to vacate. What are my rights in this "he said, she said" case?
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

What state are you in? Does your lease specifically provide for late fees? When did you originally pay rent, and when are they claiming to have received it?

Customer: replied 1 year ago.
State of Texas, yes, late fees were acquired 525(base rent) + initial late fee change + $5 per day until received. All of which were paid with cashiers check. Rent was originally paid 6/10/2016 dated, sealed, and dropped off in a drop box. They claim to have received it 6/20/2016

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