Late Fee Dispute Resolution

Summary

If your lease lacks specifics on online check processing, discuss the issue with your landlord. Mediation or small claims court can help resolve disputes. Mediation involves a neutral third party, while small claims court is more formal. Consider starting with mediation.

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Rent is due on the 5th. On Saturday the 5th, I went to the landlord's office because I had concerns over a delay in transferring funds into my account to cover rent. I said that it should be there on Monday but it might not be until Tuesday. What I didn't know at the time is that when the 5th is on a Saturday, online checks don't get processed until Tuesday on the 8th. Instead of telling me to submit the full amount because the check won't be cashed until, the assistant manager told me to submit a partial amount. On Monday morning when I found out the full amount was there, I paid the remainder of my rent with my debit card, which only takes 1 day to process, so my rent was paid in full on the 8th. Management is insisting on charging me a late fee anyways even though I was only late due to the bad advice of the assistant manager.
Hi ****! That sounds frustrating. To better assist you, could you tell me if your lease agreement has any specific provisions regarding late fees and payment methods?
Such as?
Sure, ****. Here are some specifics you might look for in your lease agreement:
- Grace period for rent payments
- Late fee amount and conditions
- Accepted payment methods
- Procedures for partial payments
Do any of these details appear in your lease agreement?
There is nothing in regards to when online checks are cashed.
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****, since there's no specific provision about online check processing, it might be worth discussing the situation with your landlord directly. You could argue that the assistant manager's advice led to the delay. If they are uncooperative, you might consider mediation or small claims court as options.
Would you like more information on mediation or small claims court?
Yes.
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Sure, ****. Mediation and small claims court can be helpful in resolving disputes. Here’s a brief overview:
- Mediation: A neutral third party helps both sides reach a mutually agreeable solution. It's less formal and can be faster and cheaper than court.
- Small Claims Court: You can sue for a specific amount of money (usually up to $*,* in Utah). It's more formal than mediation but still intended to be user-friendly for individuals without lawyers.
Would you like details on how to start mediation or file a case in small claims court?
Yes.
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Mediation:
- Contact a local mediation center or service.
- Both parties must agree to participate.
- A mediator will facilitate discussions to help reach an agreement.
Small Claims Court:
- File a claim at your local small claims court.
- Pay a small filing fee.
- Prepare evidence and present your case in front of a judge.
Would you like to proceed with mediation or small claims court?
yes
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****, it seems like you have a valid concern regarding the incorrect advice given by the assistant manager, which led to the late fee. Since you mentioned that you would like to proceed with mediation or small claims court, which option are you leaning towards?
Whichever is more appropriate.
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****, considering the situation, mediation might be a good starting point as it can be quicker and less formal. If that doesn't resolve the issue, you can consider small claims court.
Would you like to start with mediation?
Yes.
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****, here's how you can start with mediation in Utah:
*. Contact a local mediation center or service.
*. Ensure both parties agree to participate.
*. The mediator will facilitate discussions to help reach an agreement.
Would you like specific contact details for mediation centers in your area?
Yes.
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****, unfortunately, I cannot directly provide contact details for mediation centers. However, you can search for local mediation services in Utah online or contact your local court for recommendations on mediation centers.
Is there anything else I can assist you with?