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My rent is considered late on the 3rd of the month in which…

Customer Question
Hello! My rent is...

Hello! My rent is considered late on the 3rd of the month in which a $75 late fee is assessed a c the $15/day after that for each day rent in full isn’t received.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Colorado

Lawyer's Assistant: Has anything been filed or reported?

I paid rent in full (including late fees for 3rd & 4th) with a money order on 1/4 via the dropbox prior to the office being open.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I received a demand letter this morning on my door It’s dated 1/3

Submitted: 6 months ago.Category: Legal
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Customer reply replied 6 months ago
I don’t understand how I paid my rent in full on 1/4 but was assessed a posting fee of $75 after I paid rent on 1/4 and just now was served s demand letter dated 1/3? Is that legal?
Customer reply replied 6 months ago
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Customer reply replied 6 months ago
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1/5/2018
Lawyer: Law Educator, Esq., Attorney replied 6 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,995
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If you paid the rent in full late and your lease says you have to pay a $75 fee for paying after the 3rd day, then you have to pay that fee along with the $15 a day if that is what the lease says. The court is forced to enforce your lease as written, so if these fees are stated in the lease and you paid your rent on 1/4 which is more than 3 days as you said, they can charge the $75 fee plus the $15 a day if the lease says that is what the fees will be.

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Customer reply replied 6 months ago
I did pay the $75 late fee and a $15 late fee when I paid my rent yesterday morning but as of this morning they’re charging me another $75 posting fee for the demand letter being served...which was not served until this morning but it’s dated 1/3.
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

If you paid both then you owe them nothing more. All you need to do is contact them with proof you paid both and the notice was likely issued in error because it was issued on 1/3 before you made payment on 1/4. So you should not owe them any other fee, you paid it already. The notice is more than likely a mistake when you contact them about it, but they cannot insist on another $75 if you paid it already.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
Are you there?
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

I am here, we are working with multiple customers at the same time and they all deserve the same time you deserve. Thank you for your patience

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Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your patience.

If you paid the $75 and the $15, then the notice is a mistake. You said it was dated 1/3, but you paid on 1/4, so that is before you paid. They can only charge you the $75 one time per late rent, not more than that, so it would be a breach of lease if they are trying to charge you a second time, it is more likely the notice was put out before they received the payment and as such you do not owe them anything more because you paid it already.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
No problem, I just wasn’t sure! Thank you. My property Manager is telling me they can charge me the additional $75 because they paid a company to serve me...even though the letter is dated 1/3 and I did not get served until today. They did not post my rent to my account yesterday morning, instead they charged me the $75 posting fee. Nobody contacted me regarding my rent not being posted, I only know because I checked the online portal this morning.
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

They cannot charge you ANYTHING that is not in the lease. You paid the $75 plus $15 per day, that is what the lease provides and if they insist on trying to charge you more then you can sue them in court for breach of lease because they are charging you something your lease does not provide for.

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Customer reply replied 6 months ago
My lease does state a Posting Fee can be charged but it doesn’t specify when or the requirements around the Demand Letter.
Customer reply replied 6 months ago
I paid rent & late fees on 1/4 prior to the office opening. I have heard nothing from my property management company. I received a demand letter this morning on my door dated 1/3.
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

Sorry, but as your lease DOES say they can charge the posting fee IN ADDITION to the late fees, you legally have to pay it. So, since you were late and you paid the late fees and your lease says there is also the posting fee, you have to pay that posting fee because you signed the lease agreeing to do so.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 6 months ago
But how can they date the demand letter 1/3 but not serve it until 1/5...after I paid rent?
Customer reply replied 6 months ago
My understanding is they have to serve a demand letter the same day as it’s dated. They also waited until after I paid rent to charge me the posting fee.
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

The date is not significant because you were late by 1/3, so they can charge you the fee any time after 1/3, so it was dated 1/3 that still is a valid notice and again what matters here is you agreed to this in your lease and the fact the notice is dated 1/3 and not 1/5 does not change that agreement you made I am afraid.

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Customer reply replied 6 months ago
Thank you for the information.
Lawyer: Law Educator, Esq., Attorney replied 6 months ago

Thank you for your reply.

The courts in these matters must follow what the terms of your lease say, so if you tried to dispute them and the court reads your lease saying they can charge the posting fee, the court would need to allow it because it was issued 1/3 which was when your rent was indeed late.

As I have answered you promptly and correctly in accordance to the laws, please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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