I PAID RENT ,CASHIER CHECK RETURNED?

Question

I GOT A CASHIER CHECK FROM MY BANK ON 7/15/2008. LANDLORD PICKS UP RENT WHENEVER HE WANTS HE USUALLY CALLS. NEVER HEARD FROM THE LANDLORD, SO ON 8/8/2008 THE LANDLORD COMES AND I GIVE HIM THE RENT ON 8/11/2008 THE LANDLORD RETURNS THE RENT AND STATES HE WANT S A $35.00 LATE FEE.(THATS FINE). I DID NOT KNOW THE RENT WAS IN THE ENVELOPE, BUT WHEN I SAW IT I CALLED THE LANDLORD AND ASKED WHY HE RETURNED IT AND HE STATED HE WANTS THE LATE FEE ALSO. I NEVER HEARD OF GVING BACK THE TOTAL RENT BECASUE YOU WANT LATE FEE. WHY DID HE RETURN THE RENT? SO HE CAN TAKE ME TO COURT AND SAY I DID NOT PAY?

Answer 1

Some landlords consider the late fee as "additional rent", so he may be trying to argue that your rent rate for the month increased.  Google your state's landlord tenant law regarding late fees and review your rental agreement.  

Yes, you landlord can take you to court and claim you didn't pay.  However, if you have a dated cashier's check, it may be hard for the landlord to convince the small claims judge that you didn't intend or try to pay.  

Answer 2

I don't think he can do that - it is not your fault that he did not come to get it till then.

It sounds like he is being crooked and is trying to get you out.  Any policy of him coming to get it whenever he wants should never have been allowed or tolerated.  Rent needs to be brought to the landlord by the tenant to a specified location. Any other arrangement leaves too much room for the landlord to s***w the tenant.

If the money order was dated - which it should be by the bank - that is proof that you had the rent on time and no late fee should be paid.

I would find another place as soon as your lease allows. This guy is going to totally s***w you over.

Answer 3

There is probably a late fee after the 15th of the month and the fee is charged if rent not received by after months end (30 or 31st).  

Review your lease, by law it must state when late fee is accrued.  Talk to the landlord why he is charging the fee.  If he is using the date of pickup then he is wrong...again read your lease and go online to review rental/landlord laws of your state.  

Answer 4

take a look at your rental agreement - it might say that late rent will not be accepted without the late fee.  

Answer 5

What I want to know is if you had the rent early, and he didn't pick it up until after the due date why is he charging you a late fee?  Why R U paying for him being lazy?  It doesn't make sense that you're being penalized so something's not right.

Is there no way for you to give your LL the rent or mail it to him BEFORE the due date and avoid late fees?  I doubt he'll take you to court, he knows you paid because he took the check so just pay the late fee and be done with it.