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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118722
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am on fixed income. I worked 21 years US Army and Vietnam

Customer Question

I am on fixed income. I worked 21 years for the US Army and Vietnam 2 tours, 19 months. This Apartment Complex has autopay and it doesn't work. They are charging my an extra 100 dollars this month for garbage pickup. They don't update the water and sewer bills on-line. They insist on sending me a bill in the mail when I have a computer and have registered for autopay. I was the third person to move into this new apartment complex. They are discriminating against me on garbage pickup and not making autopay work and not updateing the website as to sewer and water payments, then they surprise me with this big bill alleging I haven't paid them. This is Channelside Apartments, 15270 Ballast Point Drive, Fort Myers, FL 33908, Phone:(###) ###-#### ***** holding company is out of Miami, FL - SPM, Inc. Some times I have to go into the office to pay my bill. I would like to automate my bill and have the autopay work and not worry about getting behind on my Apartment Payments.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
There is no FL law mandating autopay. However, if they are not sending bills out and are not charging it to autopay and they promised to do so, then if they are trying to charge you late fees for not paying on time, that would be grounds to sue them based on breach of contract and "estoppel." Estoppel essentially means that they should not benefit (such as from late fees) for their online mistakes. It is wholly up to the complex though as to whether or not they take autopay or what they take autopay for. If it is in your contract with them that they will take autopay for everything, you could sue in small claims court for breach of that contract.
Other than that, I am afraid your only remaining option is to call the management company to work out the payment with them or you can set your bank to pay them automatically each month based on the amount of your normal garbage and other additional fees each month and add those into your rent automatically.