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Landlord, late fee dispute

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jhanna

Junior Member
What is the name of your state? Oklahoma

I moved into my apartment on Dec 17, paid first months rent. Rent is due on the 1st of every month, we had second half of Dec waived.

This made Feb 1 our due date for our first months rent. On Jan 10, we recieved a "Pay Or Quit" warning, threatening to kick us out. At that time, we had them check our lease, and they realized they made a mistake, we were paid up to Feb 1. This is the time, which we had realized, we had never received a copy of our rental contract!

We asked for a copy--and they said "We will run one up to you tomorrow".

We never recieved one yet.

On the day of our rental signing, me and my wife BOTH read the agreement, cover to cover. Unfortunately, I do not remember the exact wording...but here is our dispute. After we had read the contract--the agent then proceeded to review the contract with us, before signing. She said, "Rent is due on the first of every month, but we give you a grace period up to the 5th of the month to pay your rent, with no penalties, after that, there is a $50 late fee." I remember this because, I said that is great, because I get paid on the 5th of every month. So if we needed to, we could wait until I got my check, stop at the bank get a money order, and drop it off at the office. Easy! Wrong!

I went by this morning (the 5th), after writing the check last night of course...and handed them the check. They said I had to also pay a $50 late fee. I said, we have until the 5th...then they said if I would review my lease again, it was the 4th. I told them they never gave me a copy, even though I asked. So instead of running me off a copy of my own agreement, they broke out a blank agreement, which did state that rent was due on the 1st, with a grace period to the 4th, anything after would be assessed a $50 late fee.

I told them what my agent said was the grace period was through the 5th of every month, and they said, "That may have been Summer, our new girl. She was in training in Dec, and may have phrased it wrong". That is not my fault is it??? She phrased it wrong, I have no copy of my lease to refer to for these things...and she says she cannot wave the late fee, or she would have to for everyone else.

I understand, I will have to pay this fee. I understand I should have remembered what was written, not what was told...but I did not get a copy of my agreement, I have nothing to refer to, this is their error. I do not want to pay this $50 fee, but will if I HAVE to. But, there has to be something I can do. I told them I would not pay it until they stuck to their word of getting me a copy of my agreement.
 



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