QUESTION
Renters payment software malfunctioned after payment??
Asked on Mar 13th, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
I initiated a payment through the online payment portal my property management company uses. I changed my bank account information prior to making the payment. The system charged my old bank account instead of the new one and the property management company didn't notify me until 10 days after the payment was made (on time). Now they are demanding that I move out or pay a $250 fee on top of the $35 fee my bank charged me. I explained that I changed my bank account info and I can show them records of the funds available in the bank account. They agree the payment malfunction is not my fault and they're trying to pass the liability over to the software company but the software company has a TOS that states they are held free from liability. What course of action should I take? Should I pay the $250 then take them to small claims court? I've been damaged here by the property management company.
1 ANSWER
3 Awards
Mike,
If I read your facts correctly, you paid your rent on time, but the online payments system attempted to withdraw the funds from a closed or empty bank account and when the rent was not ultimately deposited in your landlords account he is charging you late fees and threatening eviction.
Read your lease very carefully. Many times a lease will state that the tenant is responsible for ensuring that the rent is delivered to the landlord. If your lease has a clause like this it could be trouble for you. If it does not you may have a winning case at small claims court.
But pay the late fees to prevent additional charges from accruing and possible eviction, then move to small claims court.
Answered on Mar 14th, 2013 at 8:27 PM
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