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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10648
Experience:  Commercial and residential leases in NY & NJ & US
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I rent a townhouse at Timbercreek East which is owned by

Customer Question

I rent a townhouse at Timbercreek East which is owned by Pacific Group, I think. Rent can be paid on line but is considered late on the third. Yesterday evening I realized it was the 2nd of Aug and attempted to make my payment but the electronic option was not showing on the site. Today I am told that it was 12:;07 when I tried to make my payment and that according to fair housing laws, even though I was only 7 minutes late, they can charge me 10% as a late charge. That seems excessive! The woman who is the regional manager will not allow information to be given out to anyone so a person can discuss matters with her superior. I don't feel this is fair. I am sick today and told them they could go into the computer and take the rent themselves and they refuse saying I need to go get a cashiers check. Please explain how this is fair.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Missouri
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: The maintenance and upkeep are fine. Their other property, only about 15 miles from here, considers payments are not late til the fourth. Both properties owned by the same corporation but different rules and they are very strict but it seems charging 10% for being 7 minutes late is a little over the top.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I know they can go into the computer and take the rent themselves and I have asked them to do so but they say they can't. It seems they just want to collect all the funds they can. I told them I am sick today but that doesn't matter. I'm 74 years old and just can can't get to the bank today feeling as I do. Particularly when they have the capability of taking the payment themselves.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 2 months ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

I suggest you review lease your lease to see if there is a grace period under the lease that is longer than 2 days. Also, there is a restriction of 5% for a late payment fee if the payment is less than 15 days late. The statute is 365.100. Here is a link to the statute. http://law.justia.com/codes/missouri/2005/t24/3650000100.html

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