Legal Question in Real Estate Law in Illinois

January 12, 2011

To whom it may concern:

I am a renter and according to my lease, I have until the 5th of the month to pay rent. I paid last month�s rent on the 5th of December (check was dated December 5, 2010) and inserted the check inside the drop box by the rental office. No one was in because it was a Sunday. This was my first time to pay rent without getting a receipt.

On January 12, 2011, I received a late notice of $32 from last month�s rent. According to the rental office as stated on the notice, they did not receive my check until the 8th of December; thereby, charging the late fees. I immediately called the front office and spoke with the Manager who strongly held her grounds that I paid past the 5th of December deadline; therefore, the late fees are valid. I was polite and informed her I would be on my way to the rental office with the check and wish to further address this matter upon my arrival.

I arrived at the office at 4:02p.m. The Manager was speaking with a customer on the phone and when she saw me, immediately walked to the back of the room out of site. Employee A was present and asked if she could help me. I informed her I had the $32 check and wished to personally speak to the Manager. Employee A went to the back and within 3 minutes returned. She informed me that the Manager wanted to know if what I had to address �was long since she got off work at 4:00 p.m.� I informed Employee A I needed to speak with the Manager and wish to personally see her. I was also taken back since this Manager was aware I was on the way over to speak with her and now, she could not even personally come out to face me or reschedule her next available date for a meeting. Employee A immediately asked if she could be of service. I explained that I paid the rent on December 5th and the check according to my bank was stamped on the 8th. Employee A then went in the back room and Employee B was the one who took charge of my complaint. I informed Employee B that I paid the rent on the 5th of December (Sunday); I personally came to the office and put the check in the drop box. Employee B then informed me that she was new on the job and just arrived that Monday morning, December 6 and if my check was there, it would have been stamped by her and I would not have been assessed a late fee. I spoke with this individual for at least 20 minutes in a professional manner, but she did not budge; it was already 4:31 p.m. and the fine still stood. What was amazing was that although the Manager got off at 4:00 p.m., she stayed in the back office so she would not have to face me. I walked out of the rental office at 4:33 p.m.

According to my lease, I have until the 5th of the month to pay the rent and thereafter, will be assessed penalty fees. My check is dated for December 5th and from the 6th through the 9th of December 2010, I was out of town. I would not have been available to drop off the check at the rental office if I paid late. What are my rights? I have had issues before and the manager has continually evaded addressing issues of concern where tenant rights have been infringed upon.

I still wish to fight this issue due to the fact that I paid my rent on time.

Thank you.

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