The problem is that the error was on your behalf and not theirs. Didn’t you notice the money hadn’t been taken from your account, and if so did you make any effort to contact management about the problem? So what I’m saying is that they could have the same argument you have and that is that there wasn’t any contact from you either. So techically the rent was late. As per statute it is the renter’s responsibility to see that the rent is paid on time. The best way to do this is by requesting a receipt at the time of payment. If you have a receipt, then yes you should be able to get the late fee waived. But keep in mind, they do have right to charge a bounced check fee. Hope that helps!

I actually just had a complaint assigned to my desk that is similar to the question you posed. The only difference between your question and the complaint I’m currently working on is that the property manager of the complaintee actually returned the renters rent check, because they told her she had some type of a credit, then when she went to pay her rent in may they told her that she owed Aprils rent. She agreed to pay both months, and did. Now a couple weeks later she was sent a letter stating that she owed over $200 in late rent fees. Hence the complaint. She paid on-time, management refused the payment, now after bringing both months current they are trying to collect an unjust late fee. I’m sure management will be removing the fees. But just like anything, they are trying to prove they are in the right, even though they are not. Although, your situation is slightly different, you may want to consider filing a complaint. Obviously the best option is to work it out yourself, but if you can’t, that’s what the RPA is for.

I feel like I did not leave enough info, I did have my landlord ask the same question didn’t I see the money missing from my account ?In march I did pay rent on the wrong check book stupid mistake I did get a receipt.That month I feel very ill and spent most of the month in the hospital by April i did go in and pay and they then told me .I did pay for both months she said nothing about a late fee now in may she is asking for it .I think the owner said something and the rental agency is trying to make up for there lazy actions none the less I feel there has to be some paper work that needs to be done first before they can just make up late fees like a time frame or an eviction notice of something .Do I really have no rights?