Tenant Disputes Late Fees
Summary
Landlords in Arizona can charge reasonable late fees if specified in the lease. If you have proof of timely payment, you can dispute these fees. Contact the Arizona Department of Real Estate or Community Legal Services for free assistance.Full Conversation
I pay rent using what called "Flex" which the apartment complex offers tenants. It allows us to pay rent in * payments instead on everything on the 1st of the month.
On April *, * I funded my "Flex" account in advance so the funds would be available when the app performs the "Auto-Pay" function on My 1st. On the 3rd of May I believe, I was contacted via email by a customer service representative of Flex and informed me that they were having difficulties accessing the rental portal and asked me to return to the Flex App and perform what is referred to as a "Self-Submit" option and gave me brief instructions.
I returned to the Flex App and performed this "Self-Submit" function and my payment went through successfully. I took a screen shot of the rental portal receipt proving the rent for May was successfully accepted and paid and sent this image as an attachment to the Flex App Customer Service Representative.
From that point on I didn't give the rental payment another thought since I received the payment success confirmation receipt of the Rental Payment Portal of the apartment complex where I live. As mentioned I never returned to look at my my emails because payment was successful.
Yesterday evening I opened my email and I received a message from my apartment complex telling me that my rent is late and now instead of paying $*,* I owe over $*,*. I spoke to whom I learned is the new property manager this morning and was told that they have the right to charge me late fees but my argument is the late payment is not my fault!
I’ve even shown them scree shot images of my rent portal receipt and the conversations I have had with the customer service representative from the Flex App.
You have rights as a tenant under Arizona law. Here are some relevant points:
- Landlords can charge reasonable late fees, but it must be stated in your lease.
- If you have evidence of timely payment (like your screenshot), you may dispute the late fee.
- If the issue persists, consider contacting a local tenant's rights organization for assistance.
- Landlords can charge reasonable late fees, but it must be stated in your lease.
- If you have evidence of timely payment (like your screenshot), you may dispute the late fee.
- If the issue persists, consider contacting a local tenant's rights organization for assistance.
I did show these screen shots of the rental payment receipt and the conversations I had with the Customer Service person this morning and the Property Manager said I still need to pay the late fees
Since you have evidence of timely payment, you could potentially file a complaint against your landlord with the Arizona Department of Real Estate. You may also want to seek advice from a lawyer or a local tenant's rights organization.
Are these free services? I lost my job last month!
Yes, some services are free. Arizona's Department of Real Estate investigates complaints for free. For legal advice, consider contacting Community Legal Services, a local non-profit offering free or low-cost assistance to qualifying individuals.
What is the contact inforamtion for these services
Arizona Department of Real Estate
Phone: (*) *-*
Website: www.azre.gov
Community Legal Services, Inc.
Phone: (*) *-*
Website: www.clsaz.org
Thanks!
You're welcome! If you have any other questions or need further information, feel free to ask. Good luck with your situation!