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Please, I need legal advice about tenant rights.? |
My rent was due on the fifth of May. I bought and sent out a money order(the same day) for my rent in full on the third at a local post office. Two weeks later I receive a call from the management office saying they have not received the rent. OKAY, well then I had went back to the post office to file a money order tracking claim. 5 bucks. the next day i received it in the mail and it had a return to sender sticker, saying that there was not enough postage. I mailed it on the third of May with a 39 cent stamp. I guess they did not process the letter before the postage changed on the 14th of May. After all of this i sent the letter in the original envelope (i put the the old one in a new one) and mailed it to the office. They sent me a letter in the mail that i am responsbile for the late fees and court costs. What should i do? Pay up. Intentions don't really matter; they didn't get the rent; you kept living in the apartment. Pay the late fee. There should not be any court costs unless they filed a suit to have you evicted. Im sorry to say this but you are gonna have to pay for the court costs and late fees. You are responsible for the rent being in on time and if its not then they have to take action. You know in advance when the rent is due and usually it states in the rental agreement that if you do not pay by this time then reguardless of the reason you have to pay late fees. If your landlord takes you to court on this issue you could argue what is called the "reasonable person standard". This means that a reasonable person would expect a letter mailed on May 3 to arrive on May 5. Any mix-up is not your fault, but you really do not know when the letter arrived. (Consider this possibility: Your landlord received your letter with your money order----he held onto it until the postage went up----put it in the mail---return to sender---problem solved.) You landlord may just be giving you hard time, and trying to get rid of you. ) Be clever and avoid further expenses with simple - pay what they are asking and it is all! |
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