So I was charged a $100 late fee for being late by one day. I was never late before and the only reason I was late was because the website that they made us pay on was down which I have picture of. I told them this and they told me that I will still be charged the late fee because "we stated there were other forms of payment" even though I showed them the email they sent out months before clearly saying all rent payments must be paid online. Even though I thought it was bullcrap for them to charge it my roommate was scared when they threatened to evict us so she asked if they could do a payment plan. They said yes so fast forward to now.
Rent is due and we need to pay but they won't accept our payment because they said that we need to pay the other $50 before they can accept the rent and that if we don't pay tomorrow that we will be charged another $100 late fee. It's April and our lease ends in May so my question is can they kick us out even though they have already accepted half of our late fee payment? Or can they even refuse my rent payment?
If your written lease provides for late fees, and you fail to pay those fees then, yes, your landlord can file an eviction lawsuit against you. I recommend you resolve this matter before an eviction lawsuit is filed because the mere filing of the eviction lawsuit will harm your ability to rent another property. Bring your lease to a local attorney for review if you are unsure of your rights and obligations.
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Yes they can evict you. You pay what you owe or you have to go. You don't pay for half the groceries at Walmart and walk out with the full bag right? Same for renting. If you are reduced to trying to get over on your LL to get by, you are already working towards a bad situation if not an eviction.
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I agree with my colleagues; pay the $50 NOW and end this (get the money somewhere). The fact is, if your Lease provides for late fees, AND defines them specifically as "rent" (most do, but check to be sure) and you do not pay these then, yes, your landlord can evict you with 3 days notice. And then NEVER be late EVEN ONE DAY again with your rent; so simple. Your LL is NOT your bank. if you are in need of rent money or late charges - or even want to dispute them as bullcrap - and trust me, I get that - you have to learn to PAY first - then fight; do not ever screw with your your LL - or you will risk an eviction. In other words you can always SUE. You can even put that $50 bucks in the Court Registry, and fight the good fight. You just cannot resort to "self help" and just not pay, get it?
Hope this helps.
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Yes you must pay the late fee your lease calls for. And on the flip side of your argument, no one forced you to wait and pay the day before it was due. Doing it last minute meant if there were any glitches you would be late. Pay your rent 2 days in advance from now on and you wont ever have this problem even if the site is down for a few hours.
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