Landlord (townhome mgr) trying to collect late fees after cashing Paid in Full Check

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lwd_

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I moved into my townhouse (complex) on 6-1-03. On 6-28-03 I provided a 3 page list of items that needed to be fixed. Only one was fixed, nothing else. Then, on August 5th (last day to pay rent with no late fees), I decided to submit a letter that I was withholding the rent until August 15th to give the maintenance worker a chance to fix the remaining items. No one ever showed up. The complex issued a statement to me with a $95 late fee. Then, on August 15th, I DID pay my rent and submitted another letter that none of the items were fixed and marked Paid in Full on the front of the check and listed the items and exact amounts that the check covered: rent, garage and water.

Now, the landlord is saying I still owe for the August late fee although they cashed the check. They also gave us a statement on 9-1-03 that has line items that look like this: L/C waived; August.....but then in the amount column, there is a charge for $95. Although it would appear that L/C waived would mean that Late Charge was waived.

Anyway, I just told the complex finance person that she cashed my check for August rent charges that was marked paid in full, so I am not paying the fees, as I previously stated in my letter to them. She said that the check was for the rent, garage and water and NOT the late fees, so that I still owe for those. I told her that I do not since they were part of the August charges, and they cashed the check that covered August charges.

Who is right?

Plus, they STILL have not come by to fix even one thing...since 8-1-03.

Thanks, Lisa
 
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