Am i getting screwed? what do i do!?
i moved into an apartment in nashville TN, i have NEVER been late until just recently... i was 5 days past the due date and was told my "file" had been sent to an attourney... they told me to then pay over 600 bucks in fees plus the july rent which i did...i also paid 850 for august rent, they recieved the checks and said it was not enough to cover the fees (at the lawyers office) they now are charging ANOTHER 1000 bucks in fees for being A FEW DAYS LATE on my rent!! what is going on? i don't know why i am getting screwed like this! at the end of the day i am paying 1400 bucks in late fees for being 5 days late on my rent!! p.s. the office never sent a letter and never called...they have done nothing to even let me know i was behind! please help me figure out what to do! i know i need to pay them but i can't hand over MORE money to these people because i feel something is VERY wrong! also whenever i call the lawyer... if i start to cry they hang up on me!!
Answers:
Yes, you're getting ripped off. This isn't legal. Get an attorney. Have an escrow account set up and pay only the rent and pay it into the escrow account until the matter is cleared up.
Read the terms of your lease or rental agreement. Those additional fees sound exorbitant.
read the terms of your lease and call a lawyer. Then call the landlord
1. Don't cry for them. This classifies you in thier eyes as a "hysterical female" It also marks you as weak thus an easy person to take advantage of.
2. Read your lease agreement. Whatever penalty stated there for being late is ALL you are responsible for. That is the LAW.
3. Get a lawyer. It will be cheaper. If they are violating their end of the lease agreement, i.e. charging you more than the agreement states for being late on a payment you have cause against them (Fight fire with Fire I say!)
4. Did you pay a month in advance? If so, you may have an actionable charge agaisnt them.
5. You may be getting scammed. Do NOT allow thier lawyer to intimidate you. But most of ALL,,, get a LAWYER!!
Unless of course you have more money than you need and playing the victim feels good to you if so, keep payin em without doing your homework.
Oh, on the fire against fire thing. Record and document EVERYTHING!
If they are violating your lease to the extreme you make it sound you may want to contact your district attorney.
Good luck. Document everything and get an attorney yesterday!
Your contract should state how much the late fees are. Read it carefully. If it doesn't, then state law would apply, which sets the maximum amount they can charge. This is generally 15-20% of the rent, but it varies by state. In most states, they cannot turn your file over to an attorney or collection agency unless you are 90 days past due. It sounds like they are just ripping you off. Either do some research on your state's rental laws yourself, or get a good attorney. Good luck.
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