Posted by New York Tenant on May 07, 2001 at 09:40:10:
In Reply to: Lost Payment, A Three Day Pay or Quit Notice, and A Late Fee posted by William Trader on May 07, 2001 at 04:51:47:
You said you "handed them" a money order for the March rent. Why didn't you ask for a receipt? That would have avoided the problem.
Does your lease provide for late fees?
: I live in an "Avalon Bay Communities" apartment in San Jose California. I have a one year contract, with 10 months to go, and I've lived here for over a year.
: I paid my March rent on time with a money order. I do have the copy of the money order with the name of the apartment complex and the date on it. I then got a "three day pay or quit" notice on the 4th and was told that they don't have a payment for me and it's up to me to get a new money order fast.
: My question is; since I have a copy of the money order I handed them and I did pay my rent on time, do I owe a late fee? Also, if it takes 30 days before my bank will reissue the funds used in the money order, can I make my apartment management company (Avalon Bay Communities) wait till my bank reissues the money order?
: It should be known that I don't have the money to simply get a new money order and wait for a refund for the lost money order and that my apartment management company (Avalon Bay Communities) makes me pay with a money order because Iíve had a bounced check.
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