QUESTION

My landlord will not accept my late fee payment and has passed on to attorney

Asked on Jan 14th, 2014 on Landlord and Tenant Law - Colorado
More details to this question:
Our landlord has been adding late fees to our monthly rent and has compounded the fees even though we have paid full rent each month. In other words, she has applied earlier late fees as a non-payment of rent and added additional late fees. She has also been adding interest on previous month's late fees. Our lease mentions the late fee disclosure, but in no way claims she can use them as non-payment of later rent due. Last month (Dec. 2012), she disclosed in an email, that due for that month was a total of $1795, in which we paid $1600. The outstanding balance we were unable to pay, ($195), was increased a few days ago to $596 without verbal or written warning. She has now submitted this dispute to her owner's attorney, even though we offered to settle the outstanding fees one day late after a 3-day notice. We have researched this online and have seen numerous statements mentioning she cannot do this, yet she will now not accept our settlement of the inflated and/or compounded $596 fee
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
Your landlord is obligated to accept your properly tendered payment during the period of the three day notice.   The issue of adding late fees and interest will need to be reviewed against the terms of your lease. If your landlord is trying to evict you you may be able to defeat that case. You may want to consult with an attorney to defend you in this process.   Good luck Don Eby
Answered on Jan 15th, 2014 at 3:51 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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