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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102506
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Every Month I get a statement from Management amount

Customer Question

Every Month I get a statement from Management for the amount of Rent due at 1st of month and it varies due to water use and garbage container. My rental Agreement states rent to be paid by Check, Cashiers check or money order. I bought a Money Order for the amount due April 1st because a money order was most convenient. I mailed it on 3/29. I avoid the Manager, she is obnoxious and provocative. On April 1st I had a note cliped to the door saying she would not accept a money order. The next day she cliped a notice of late rent and added a fine. I emailed the Owner company and never heard back.
I received the statement for May 1 which included last months rent + the fine + May first renk amount. I live in Phoenix, Az FYI
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. You state, "My rental Agreement states rent to be paid by Check, Cashiers check or money order." The lease controls the situation. Someone in your situation can then write a letter to the management and CC to the landlord, explaining that (1) rent was PAID on time using an instrument allowed per the lease, and (2) it was REFUSED by the management for no goof reason, and (3) unless they adjust the rent to get rid of the late fee and take the payment as it is made per the lease, someone in your situation can: 1) Not do anything, wait for them to file for an eviction, and then use the payment as affirmative defense to have the eviction voided, or2) File a suit one's self for declaratory judgment, demanding that the Court force the management to accept payment, and also request attorney/legal fees as part of judgment. Let me know if you need a sample letter. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.