James A West Properties

Review: I took my rent check up to the office around 7 pm on November 5. My check did not clear until Nov 14. On dec 1, I notified the rental office I was moving and gave them my rent check for December. On December 6, I get a late notice for November and a charge for 83.50. We have a 5 day grace period. As I spoke to Office manager Heather several times, she agreed if my check did not clear until the 14th of the month, there was a problem and will get the late fee removed. I have been late once in 8 years, I was in the hospital. I just received my status for my returned deposit on the apartment, and they are deducting 83.50. I was not late! If I was late I would have gotten a phone call or a late notice in November. I did not receive a late notice until I advised I was moving. This is unfair practice. I can prove when the check cleared. I can not help when they deposited my check!Desired Settlement: I should not be charged a late fee as my check was not late.

Business

Response:

This letter is in response to your letter dated 2/18/14, regarding id # [redacted]. Please let me further inform you that I am the Controller for West's Realty Land and Development Co. and you have an incorrect address for the Village of Laurelwood. The correct address is 401 Collingwood Court, Cranberry Township, PA 16066.

In response to the complaint submitted by [redacted], I must clarify some of the details that she has stated. First and foremost, all rent is due on the first of every month, with a grace period until the 5th. After the 5th, a late fee of 10% is charged. All rent checks are processed when they are received by the accounting office. As you can see from the attached statement, the accounting office received the check on November 7, 2013, therefore a late fee was assessed. Our financial institution received our deposit on November 8th for processing. Since Monday, November 11, 2013 was Veteran's day and a bank holiday it is very possible the check did not clear until the 14th, depending on what bank the check was drawn on.

Ms. [redacted] claims that she spoke with [redacted] on various occasions regarding this matter. Ms. [redacted] never told her that if the check didn't clear by the 14th, we would refund the late fee. It is the policy of the Village of Laurelwood to refund a late charge for a tenant only once. After reviewing her statement, in the course of over three years she had five late fees and she was awarded credit for three. So her statement of being late only once is incorrect.

Ms. [redacted] did notify the rental office on December 1, 2013 that she would be vacating her apartment and turned her rent check in for the December, 2013 rent. Also noted on the statement, this check was processed by the accounting department on December 1st. Therefore, proving that checks are processed when received.

The late statement Ms. [redacted] is referring to is for the late payment in November. She is not being charged for vacating the apartment. At the time her security deposit was processed, this late fee was not paid and therefore this is the reason it was deducted from her security deposit. This is the policy for anyone who has not paid all rent and fees prior to vacating. Therefore, we will not be refunding the late fees.

I took my rent check up to the office around 7 pm on November 5. My check did not clear until Nov 14. On dec 1, I notified the rental office I was moving and gave them my rent check for December. On December 6, I get a late notice for November and a charge for 83.50. We have a 5 day grace period. As I spoke to Office manager Heather several times, she agreed if my check did not clear until the 14th of the month, there was a problem and will get the late fee removed. I have been late once in 8 years, I was in the hospital. I just received my status for my returned deposit on the apartment, and they are deducting 83.50. I was not late! If I was late I would have gotten a phone call or a late notice in November. I did not receive a late notice until I advised I was moving. This is unfair practice. I can prove when the check cleared. I can not help when they deposited my check!