Am I responsible for late fees if the property manager figured may balance incorrectly?
Full Question:
I went and and paid rent on November 5, 2007. I went in and asked at the office how much it would be since I had some credit due to me. They told me the amount and I wrote the check. They deposited the check and it went through. Two days after paying rent they left a notice on my door stating that I owed $75.00 and also $75.10 late fees. I do not feel that I should have to pay the late fees since it was their mistake. I have no problem in paying the $75.00 since they credited me to much. Do I have to pay this? They even stated to me that it was their fault, that they read something wrong on the computer. The owners state I have to pay it.
11/13/2007 |
Category: Landlord Tenant |
State: New Mexico |
#12156
Answer:
The following is a New Mexico statute:
47-8-15. Payment of rent.
A. The resident shall pay rent in accordance with the rental
agreement. In the absence of an agreement, the resident shall pay as rent
the fair rental value for the use of the premises and occupancy of the
dwelling unit.
B. Rent is payable without demand or notice at the time and place
agreed upon by the parties. Unless otherwise agreed, rent is payable at
the dwelling unit. Unless otherwise agreed, periodic rent is payable at
the beginning of any term of one month or less and otherwise in equal
monthly installments at the beginning of each monthly period. The date of
one month to the same date of the following month shall constitute a term
of one month.
C. Unless the rental agreement fixes a definite term, the residency is
week-to-week in the case of a person who pays weekly rent and in all
other cases month-to-month.
D. If the rental agreement provides for the charging of a late fee, and
if the resident does not pay rent in accordance with the rental
agreement, the owner may charge the resident a late fee in an amount not
to exceed ten percent of the total rent payment for each rental period
that the resident is in default. To assess a late fee, the owner shall
provide notice of the late fee charged no later than the last day of the
next rental period immediately following the period in which the default
occurred.
E. An owner may not assess a fee from the resident for occupancy of the
dwelling unit by a reasonable number of guests for a reasonable length of
time. This shall not preclude charges for use of premises or facilities
other than the dwelling unit by guests.
F. An owner may increase the rent payable by the resident in a
month-to-month residency by providing written notice to the resident of
the proposed increase at least thirty days prior to the periodic rental
date specified in the rental agreement or, in the case of a fixed term
residency, at least thirty days prior to the end of the term. In the case
of a periodic residency of less than one month, written notice shall be
provided at least one rental period in advance of the first rental payment
to be increased.
G. Unless agreed upon in writing by the owner and the resident,
a resident's payment of rent may not be allocated to any deposits
or damages.