Can a landlord refuse your rent , then charge you late fees for not paying on time?

Asked about 2 years ago - Denver, CO

Because of an ongoing bedbug infestation , I put a stop on my rent check. Management
accepted my 30 days notice. We gave them the last months rent as a deposit when we moved in. Three days after rent was due I realized I could not afford to move, so i called and offered to pay rent and late charges in full. They refused my offer and told me they had already processed my notice to move. A week later they informed me that not only were they keeping my deposit they were also charging me a $15.00 a day late fee. So now we are being forced to move with the infestation in our furniture and they are suing us for late fees even though they refused our rent payment. Can they do this ???

Attorney answers (1)

  1. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    Answered . If you put stop payment on the check, then the management probably had a valid reason to refuse to accept a payment by check again for payment. The initial payment was simply for a security deposit. They could have required for you to pay the rent in cash or certified funds, because of the stopped payment on the check. So, yes, it is possible for them to sue you for the rent and the late fees. However, the problem with the bedbug infestation might be a possible defense to the payment of rent. You need to sit down with a good landlord/tenant attorney to discuss your options.

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