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Landlord claims rent was late

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diamond20

Member
What is the name of your state (only U.S. law)? PA

I am having an issue with my apartment complex. I have been living there for over 2 years, never having problems paying rent on time but aparently other people did. This year they started a new policy wher $35 charge is assesed if the rent check is received after the 1st of the month. First month of that policy, I sent out the rent check on the 25th in order to make sure it arrives on time (same city mail takes no more than 2-3 days at most). I was charged late fee and when I called they claimed they did not receive the check until the 3rd (???) . Also they claim that they cash all the received checks on the next business day (Not true, because in the past I'd mail checks on the 27th and they'd sometimes cash it a week or two later)

So to avoid late charge again, my husband decided to send it through online banking, where our bank sends the apartment complex a check on the 20th of each month, so that they's receive it by the 25th. We figured that would work out fine. The month after that bank e-mailed us, with a message that check was mailed on the 20th and then apartment accounting department cashed the check on the 26th. This past month the 25th was a Saturday so I figured they should receive a check on the 27th if bank mails it out on the 20th.

By the 28th check still was not cashed and I called the accounting department and the lady in charge of accounting was very rude and told me so far no check has been received but that they have a bunch of checks received this morning to go through. She said they have not received it on the 27th for sure since all the checks from 27th were cashed already.

I seriously suspect that they are lying and just want to rip off the tenants. The bank claims to have mailed the check on the 20th and apartment claims not have gotten it by the 28th.

Is there any legal action I can take against the apartment complex? Is there anything at all I can do besides sending rent with a certified letter (my last resort)?
 



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