Legal Question in Real Estate Law in New Jersey

Late payment

There was a original mistake from an old property management company. I mailed the payment last year, and because of some computer problem, it turned to be late and I was told it was waived. and few months later, the property management goes to another company. Then last month August, I got a (8/21/02) late notice of $25.00, I wrote a disputed letter, (it says on the late payment notice I could do that within 30 days) The letter I mailed out was (8/23/02). Today 9/11/02, I received another letter saying another late notice, together it was $50,00

What a ridiculous charge!!! They just want money.

I called them up, they said, they didnt receive the letter. Okay fine, I faxed over right away. It's not even over 30 days.

Now, the problem is if I am not waived for August payment, I will end up paying penality fee that I was not supposed to.

Can I bring them to court about this ridiculous charges? Do they have right and keep charging me??

Please advise


Asked on 9/11/02, 2:41 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Late payment

It sounds like there was a misunderstanding about what was waived - the monthly payment or just the late fee. It does not seem proper that that both were waived. They will have to sue you for the late fee and you should consider if the $25 fee is worth the time you will be spending in court. It would appear that you might have some responsibility for the first $25 if you have no proof that the original fee was waived. This may seem unreasonable, but the burden of proof is on you to verify that there are no charges due.

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Answered on 9/12/02, 10:23 am


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