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Conflicting late date in the lease GA

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Conflicting late date in the lease GA

Postby Travelchick222 » Fri Sep 20, 2013 11:34 am

I signed my new lease in June with my new management company. The lease started Sept 1st. At the time of signing I didn't get a copy. I did verbally ask the manager when is the rent considered late with this new company. She advised it is late if not in on the 3rd. So I asked so on the 4th there is a late fee and she confirmed yes. Jump ahead to Sept, I paid online on the 3rd after attempting on the 2nd. The payment site stated this property does not allow online payments on the 2nd. I thought that's strange but was not concerned.

I went into office on Sept 6 and asked for a copy for my own records after remembering I didn't have it. Later that same day I get a notice on my door stating when I paid my rent online on the 3rd it was late and I have a $100 late fee. I was shocked and decided to read the lease cause I recalled what the manager stated in June.

There is a paragraph 2 Rent: that says "if the rent is paid after the 3rd of the month, a late charge of $100 will be due as additional rent."
However, there is a section called Additional Agreement where they added "Rent is due on the first day of the month and is late on the third"

Is this legal? Does the additional section override paragraph 2? That is what the office is saying. The leasing agent stated we go by the additional agreement. The manager said via email "Under additional agreements on your lease it says that your rent is due on the 1st and its late on the third. An additional agreement adds to / and or overrides any regular paragraphs of the lease. I hope that answers your
question."
Travelchick222
 
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Joined: Fri Sep 20, 2013 9:47 am

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