Charged late fee but didn't pay late

[JavaJava]

What is the name of your state? Oregon

Prior to my latest one year lease (18 months ago) my manager started putting notices on my door saying I owed a $75 late fee. I didn't pay it because I don't owe it.

A couple of weeks ago they put a 'termination with cause' notice on my door saying that if I didn't pay the late fee I would have to leave. I paid the $75. I have three questions.

1) The late fee charge they wanted me to pay happened before my current lease. Can they give a 'cause' notice if the act didn't take place within the current lease period? I did nothing to violate my current one year lease (or any lease).

2) Who should I contact to complain about this? A lawyer would cost more than $75 so that's not an option.

3) When I actually do move out one day, is there a legal way to withhold the $75 from my last rent payment?

 

[seniorjudge]

What is the name of your state? Oregon

Prior to my latest one year lease (18 months ago) my manager started putting notices on my door saying I owed a $75 late fee. I didn't pay it because I don't owe it.

A couple of weeks ago they put a 'termination with cause' notice on my door saying that if I didn't pay the late fee I would have to leave. I paid the $75. I have three questions.

1) The late fee charge they wanted me to pay happened before my current lease. Can they give a 'cause' notice if the act didn't take place within the current lease period? I did nothing to violate my current one year lease (or any lease).

2) Who should I contact to complain about this? A lawyer would cost more than $75 so that's not an option.

3) When I actually do move out one day, is there a legal way to withhold the $75 from my last rent payment?

1. Yes, if your lease allows for that. (I am assuming that the old lease and the new lease were basically one and the same document.)

2. This free advice forum.

3. I doubt it. (Read the stuff below.)

But, tell me, why did the landlord think you owe this and why do you think you do not?

Can a landlord charge me late fees for late rent payments?
Yes, if the rental agreement says that late fees can be charged. But there are limits on the fees that you can be charged. You cannot be charged more than once for any single rent payment. The landlord may not charge a late fee if you pay the rent by 5:00 p.m. on the fourth day after the rent was due. A landlord may not evict a tenant with a 72-hour notice for nonpayment if the only amount the tenant owes is the late charge.

ORS 90.260

http://www.efn.org/~fairhous/eng/legalres/oregon/orlltleng.html#23.

http://www.osbar.org/public/olsbooklets/landlord/fees.html

 

[john123456]

Prior to my latest one year lease (18 months ago) my manager started putting notices on my door saying I owed a $75 late fee. I didn't pay it because I don't owe it.

Why didn't you immediately dispute the charge, in writing, and enclose a copy your cancelled check?

 

[JavaJava]

Prior to my latest one year lease (18 months ago) my manager started putting notices on my door saying I owed a $75 late fee. I didn't pay it because I don't owe it.

Why didn't you immediately dispute the charge, in writing, and enclose a copy your cancelled check?

I received the first request for payment one month after the date they claim I was late. I complained numerous times in writing. The cancelled check wouldn't prove that I paid the rent on time. I could write any date on the check and they don't usually deposit checks until after all the rents are paid so their deposit date wouldn't help either.

My question is: What can I do if the manager says I owe a late fee but I didn't pay the rent late?

 

[john123456]

My question is: What can I do if the manager says I owe a late fee but I didn't pay the rent late?

Gather all your correspondence disputing the late fee, as well as a copy of the cancelled check and file in small claims. The burden will shift to the LL to prove your payment was late. Might be worth a shot.

 

[Leinalani]

1) The late fee charge they wanted me to pay happened before my current lease. Can they give a 'cause' notice if the act didn't take place within the current lease period? I did nothing to violate my current one year lease (or any lease).

I'm a little confused with this statement. During your first lease, were you ever late in paying your rent?

And yes, if something happened in a prior lease period, late rent being a good example, they can come back later and dispute the matter, demanding their late fee. Just because you've signed a new lease doesn't mean any obligations you made in your prior lease ends. You signed both leases so you agreed to abide by whatever was on the lease.