Paid rent - Received Unlawful Detainer

What is the name of your state?

Virginia.

Every month my bank automatically mails my rent check so that it is received on the 1st. This month, it must have gotten lost. I called the landlord and explained, and they explained that if they received the check a few days late, but it was dated as the first, they would waive the $100 late fee. In any case, they served the "pay or quit" notice on May 6th.

On May 10, I came to them with a money order for the amount of my rent (which I have a receipt from the landlord). The leasing manager explained that if i show them that I attempted to pay (through my electronic bank) on the 1st, before June 1st, that they would waive the late fee. I said OK, I will bring it to them.

Today I received the Unlawful Detainer papers w/ the court summons, saying that I owe my monthly rent + $100 late fee + court costs.

What should I do? Should I go to court and explain my position? Hire an attorney?

Thanks in advance.

Get your documentation in order and bring to court your rct. You know what your LL said about the electronic payment and proving it should have been gotten in writting. Plan on having the late fee money with you when you go.

Tenant should have paid the rent with the late fee when notified of non-payment of rent. Tenant should obtain a copy of the timely dated payment issued by the bank and have it authenticated by the bank. To show a good faith effort to the court and LL, tenant should provide the bank receipts with the $100 late payment fee to the LL (as a disputed charge) to prevent eviction proceedings. At this point, tenant does not appear credible because proof has not been provided to show the timely monthly rent payment and the late payment fee has not be paid. The Unlawful Detainer is valid because the rent has not been fully paid.
Where is the original check payment issued and mailed by the bank?

When I physically paid the rent (via money order) to the property manager, she said that if I show the letter from the bank, that they would waive the late fee. Later, when my bank called them (because they agreed to pay any late fees), the property manager told them that they would *not* waive the late fee for any reason, and so the bank put a deposit into my account for the amount of the late fee.

In the Unlawful Detainer papers, they claim I haven't paid ANYTHING as of the 16th.

I have all of the documentation from the bank that shows they mailed my original payment on the 28th of April. The bank has since put a stop payment on the original check.

supermatttheher said:

Later, when my bank called them (because they agreed to pay any late fees)... In the Unlawful Detainer papers, they claim I haven't paid ANYTHING as of the 16th. I have all of the documentation from the bank that shows they mailed my original payment on the 28th of April. The bank has since put a stop payment on the original check.

Click to expand...

Tenant was paid late fee charges via the bank's deposit. The bank placed a stop payment fee on the original monthly rent check. Therefore, LL was not paid rent on time nor were the late payment fees paid. The Unlawful Detainer is valid because the rent has not been fully paid.
What reason does tenant have for not paying the late payment fee deposited by bank (in good faith)?

The problem here appears to be that what the property manager told me over the phone is not consistent with what the LL is doing via the papers.

The only reason I haven't paid the late fee is because the landlord told me first that I could just show them the letter from the bank. The bank says they sent that letter last week. Then, when the bank called the LL to verify, the property manager said they would not accept it. Just yesterday, the bank put the deposit into my account.

Should I go pay the late fee tomorrow morning and ask them to cancel the UD? Should I go to court? Should I get an attorney?

Thank you for helping me, Mirakales.

Tenant needs to act in accordance with the written lease agreement which requires monthly rent payments (with late payment fees, if deemed appropriate.) The bank has deposited the late payment fees to tenant’s account. The problem is tenant is not operating in good faith, in accordance to lease agreement and with the bank’s payment of the late fees. Pay the late fees immediately. Check with the housing court to determine what course of action is required in the State of Virginia.

Short answer: Pay the late rent fees and keep your court date.

You are not entitled to profit from the banks mistake.

Alaska landlord said:

Short answer: Pay the late rent fees and keep your court date.

You are not entitled to profit from the banks mistake.

Click to expand...

Not trying to profit here, just trying to get out of this mess. I feel as though the rental company mislead me in order to trap me into paying the additional fees.

When they initially notified me that they hadn't received my rent check, I told them that my bank sends the check automatically. The rental company's response was to "give it a few days to see if shows up." This was clearly the wrong thing to do, since it is costing me time and money now.

Shouldn't the UD say that I owe the company the late fee and attorney fees only? Isn't it wrong that it says I owe the month's rent + late fees + attorney fees? I paid the month's rent after 4 days of receiving the 5 day notice.

Or maybe they're going to pretend they didn't receive that either.


My court date is for the 11th of June. Should I pay June's rent in full? I may be evicted before the month is over.