Legal Question in Real Estate Law in Indiana
Their Word Versus Ours
When my girlfriend and I first moved into our apartment complex, we were instructed that we would be charged $25 over the original lease amount as part of a ''late fee'', and then refunded if the amount is received before the cut off date. This seemed bizarre to us, but we went along with it, as it was stated in the lease. After doing so, we received a call stating that the check was wrong and we owed the original money minus the late fee since we turned it in on time. It angered me, but I went along and turned it in on the day they said it was needed by, Friday. The check was stapled to their copy of the form stating that we overpaid originally and owed less money. The following Monday, we receive a call stating that ''your check was late'' and ''we need to give them another check for the full amount including the late fee''. I have no proof that I gave them the check on Friday because they do not give receipts for rent. I refuse to give them another check. What should we do?
1 Answer from Attorneys
Re: Their Word Versus Ours
What I would do is to give them a second check for the $25 "late fee" and next time you pay the rent give them 2 checks - one for rent and one for the advance payment of the late fee so that they can return that one to you - rather than recreate this same problem time after time. But if you kept the first check you gave them, that is proof that you paid timely.
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