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Unfair Late fees

Discussion in 'Commercial Landlord & Tenant Issues' started by alex hessi, Jun 5, 2019.

  1. alex hessi

    alex hessi Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    I have my rent checks for my apartment complex mailed to my mailbox at said complex every month on the same day. However that is my apartment at school, and during the summer I am at home a couple of hours away. My rent check for this month is literally there on the premises in my mailbox. I called and asked for someone to go and get it out of my mailbox and open it so my rent could be paid. They said they couldn’t do that, it was illegal, whatever. I understand that. Then I called the mailing company and they said the same thing. I said alright, I’ll just have the check that is already there cancelled and I’ll have a new one sent to them. Now they are charging me out the ass in late fees and won’t waive them because I already had a late fee waived like eight months ago. Am I crazy or is this completely unfair? I’m a broke college kid. I don’t have money to waste on dumb shit like this.
     
  2. Zigner

    Zigner Well-Known Member

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    If you can't afford the late fee, then you might have to take 4 hours out of your busy schedule to drive back and get the check.
    You KNEW this could happen - you should have planned for it. This isn't unfair at all.
     
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  3. alex hessi

    alex hessi Law Topic Starter New Member

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    I can afford it but its the principle behind it. I actually had no idea that this would happen or that it would be this big of an ordeal
     
  4. Zigner

    Zigner Well-Known Member

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    The principal behind it? Really? I think the more important "principal" for you to be focused on is that of personal responsibility.
     
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  5. Zigner

    Zigner Well-Known Member

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  6. zddoodah

    zddoodah Well-Known Member

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    At first I thought you were saying that you owned an apartment complex and that your tenants pay you rent by mailing checks to you at the complex, which would make sense. But I guess you're saying that you're a tenant, but makes absolutely zero sense that you would mail your own rent checks to your mailbox at the complex. Why wouldn't you mail the checks to the landlord?

    We have no way of intelligently assessing whether you're crazy, but mailing your rent check to yourself instead of your landlord is absurd, and your landlord is absolutely within its rights to charge you a late fee (assuming the lease provides for one). "Fairness" is a subjective concept, but I doubt you'll find anyone here who would agree with you that it is at all unfair for the landlord to do so.

    Then handling your rent in the way you described was a really bad decision.

    Make up your mind.
     
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  7. justblue

    justblue Active Member

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    Color me odd... BUT when I pay rent I mail it to my LL as mailing rent to myself is counter productive.
     
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  8. justblue

    justblue Active Member

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    Why do you mail your rent to yourself rather than the LL?
     
  9. mightymoose

    mightymoose Well-Known Member

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    I agree. The late fees you describe are not unfair unless there is no late fee declared in the lease agreement.
    It would not have been illegal for someone to recover your mail with your permission, however if they then had to cash a check made out to you there would be complications.
    I presume this check was made out to you from a 3rd party for the purpose of paying rent, and that this check had to be deposited into your account so payment could be made to the landlord. This is something you are responsible for sorting out before payment is past due.
     
  10. adjusterjack

    adjusterjack Super Moderator

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    OP didn't say that HE mailed himself his rent checks (which obviously wouldn't make sense), he said:

    That he is a college kid leads me to suspect that perhaps his parents (or somebody else) are preparing the checks and mailing them to him so he can pay his rent.

    One thing has nothing to do with the other.

    It's up to you to make sure the check gets delivered to the management office by the time it's due.
     
  11. Zigner

    Zigner Well-Known Member

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    Let's assume that the parents mail the check for the rent to the OP. Are the checks made out to the apartment complex so that the OP can simply hand the check over, or are the checks made out to the OP directly and then the OP cashes the check and pays the rent?

    If the former, then the check should just be mailed directly to the apartment complex (as was stated previously), and if the latter, then the parents should look in to doing electronic transfers instead of checks.

    EDIT: Upon rereading the OP, I suspect it is the former, so there really is no reason for the check to be mailed to the OP instead of to the apartment complex directly.
     
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