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Carrying over Late Fees..

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Old Oct 31st, 2006, 07:26 PM     #1
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Default Carrying over Late Fees..

Ihave not had a lease since 2003 and i am a mnth to mnth tenant on the property in question.
I was out of town on a family emergency and dropped off my rent check 1st thing on the morning of 6/9. 2 days later, get a call the property mananger that tthey had already filed a suit against me on the 5th and i owed late fees as well as filing fees that i needed to pay. a week later, in court, i was told by the property attorney that the case was withdrawn since i had paid my rent. I thought that was the end of it. In october, i paid my rent on time. i received a letter a week ago from the property manager last week that my rent for october had been applied to the late fees for september and that i now owed late fees for october because my rent was short the amount that was deducted for the sept. late fees and ontop of that, I was also charged late fees for october because the rent was short. So at the end of the day, I owe the amount of rent that was deducted for sept. late fees, and i owe late fees because the rent was incomplete as a result of their taking part of the rent payment.
My question is this: is this legal? can a landlord do this? and does it make a difference that there is no current lease since the lease expired in 03' and it has become a month to month tenancy?
Any help on the issue will be greatly appreciated. Thank you.
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Old Nov 1st, 2006, 07:11 PM     #2
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Default Re: Carrying over Late Fees..

You can argue that that was not what you agreed. And sue them for the fees in small claims court if you have to.
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