I have to complain and its gonna be a long one. Here we go. New company took over my apartment complex a couple months ago. October was the first month they had the online rent pay set up as an option. I got set up and logged in and paid my rent on time. It only showed as processing the next day, and the next day. On the 5th I went and talked to them that I was concerned it only showed processing and the money had not come out of my account. They said it showed a balance due of zero and sometimes it can take a lot of time but we were all good and don't worry about it. Well I worried about it anyway and waited for the posting on my door that rent was late but it never came. I will say I had this issue once before with an apartment complex and it took 3.5 weeks for them to take the money out of my account so it wasn't a big surprise to me that being the first month with this system it may take awhile. I kept an eye out for any notice that the rent didn't go through but got no notice. On the 30th came home to the eviction papers taped to my door and thought oh great this will be a pain.

Went and talked to the office the next day and the gentleman who I had talked to before was there and said he was surprised by it and looked at their paperwork and even noted that the late rent paperwork attached to the attorneys paperwork wasn't filled out correctly and none of it made sense to him but the manager wasn't in and he would have her give me a call later that day. I received no phone calls that day or the next but did go into the office the next day before closing to figure this mess out.

The manager basically agreed something wasn't right and they were going to waive all of the late fees etc except for the eviction attorney processing fees totaling $305. I said I am not paying those in any way shape or form and we agreed to let our attorneys settle it.

Here I am a few days later and not only did they claim that I was given the notice on the 5th that my payment was denied due to NSF (though I have the bank statements to prove that isn't possible) They are claiming they also sent me emails saying my payment was denied. I went through every email account I have and can not find one email on this but do have emails from every previous month and any emails involving the complex such as the laundry will be closed etc. My attorney asked them to provide her a copy of the late rent emails and they cannot find them.

I have the choice to go before a judge tomorrow and state my side but if I lose I will be evicted from my apartment and don't have another place to go or pay the attorney fees of $245. Wait a minute the office said I owe $305 (not counting rent which they have cashiers checks for but refuse to cash). now they don't even know how much I supposedly owe. I am going to settle on the $245 and be done with it. I cant risk the eviction or the problems and quite frankly the money isn't an issue so I am just going to pay it.

I am beyond pissed off and pretty sure I left out a few other of there screw ups but I own a business and just don't have time to deal with this anymore. They did zero of the things required of them by law and I bet if I went before a judge I could win but I don't want to take that risk.

Sorry for the poor English but I am a math guy and suck at English and I am also just typing madly in anger. Apartments can suck it today.

Thanks for listening.

Wow, what a bunch of idiots! Sorry for your troubles. It amazes me that they can get away with that. I got pissed just reading that. Jeez!

Thanks. I have the choice between being pissed and fighting it or just going oh well not worth it to fight and I am still not sure I made the right decision but its a few hundred bucks and I can't risk being homeless.

Make 110% sure you save EVERYTHING so next time they do this you can hopefully sue their asses.

quote:

Make 110% sure you save EVERYTHING so next time they do this you can hopefully sue their asses.

thanks. Though I do actually have everything in writing and I have no doubt I would most likely win in court I just don't want to risk it. If we were talking about thousands of dollars this would be an easy decision and almost certain win. For a couple hundred bucks just sucks. I could win but would end up paying my attorney $500 or more so why do that if a couple hundred ends this and makes it go away and most importantly isn't the money but my stress level.
Like I said I just wanted to rant. I could win but would cost me a lot to do and drag it out and I am way too stressed to begin with and just want this to go away. I have looked at Colorado law on eviction and they have followed none of the legal process at all. I am sure I could win but what if I don't? I just don't want to risk it which sucks.

The biggest thing comes down to whether or not they placed a notice on my door on the 5th. They say they did I say they did not. If the judge believes me then I win if not I lose. I have apartment renting history of about 15 years and never did not pay rent. I had the money in my account for this rent the whole time but none of that matters if the judge believes they gave me notice. Its a sucky situation that's not worth the risk anymore.

For rent, I write a check, give it to the office personal, get a photo copy with her signature on it and move on.

I DO NOT use on line payments. Far too many idiots have their hands in the system.

My landlord uses online payments and so far, so good. I get a confirmation number with the payment. All my communication with them for anything is by e-mail and archived for safekeeping.

That's screwed regarding your options.

I use my online payment system provided by my bank. I don't like using a supplier's automatic debit option.

Might try the local housing authority, and/or the feds. If the apartments take Section 8, they are likely governed by some HUD regulations.

For payments like this, there are two ways to do it electronically:

1. You can let them suck the money out of your account, which is what it sounds like you tried to do. I do NOT like to do this sort of thing, but if you are going to do it, I would suggest a separate bank account just for this purpose, and transfer just enough money into it each month to cover this charge. I would NOT let them have access to my "main" account where the bulk of my funds are.
   
   
2. This is the method I would recommend: Your bank or credit union undoubtedly offers Online Bill Pay. It probably costs you nothing to use it. You can just set up your rent as an automatic monthly payment. Set it up once, and then you can forget about it, the payment will roll out each month, and your bank or credit union will have your back if the apartment management company claims non-payment.

Also, if you have documentation that you did set up the payment that the new management company requested, along with bank documentation showing that there was no possibility of NSF, I would tell them to pound sand with respect to any and all fees, including any of their lawyers fees that were incurred due to their errors. I'm pretty sure that Wapner would find in your favor. In fact, I would threaten to counter-sue.

If you have all that proves every part of your side, and they cannot provide the emails or other proof that they say they provided, it is no likely they will prevail.

They put forth the option for electronic payment, then process eviction on the failure of that system, and I find it hard to believe a judge would rule in their favor.

But, legal things can be awfully odd at what appears logical, so, go with what your attorney recommends.

FWIW, I have been both homeless and hard broke and the thought of someone being fearful of the threat of being homeless at the hand of a thief makes me fighting mad.

I would fight them to the curb, and realize it may cost me more than "rewarding" their thievery.

But, that said, I am not you, and cannot speak against your choice.

I do wish you the best in this.

I had problems with organizations wanting me to use their debit or draft programs.

To each as above noted, now I only use my banks free online electronic pay program. It's secure and accurate, no problems.

I'm curious if others in your complex are having the same issue. It may be a "revenue stream" from the owners that's being abused.

If you have to pay, then pay, but don't stop. I'd talk to the local on your side type of reporter at your local media, social media, government agencies, continue with your lawyer, etc. if you can prove with documentation what you've said, you should win and get refunds.

Good luck to you.

quote:

I'm curious if others in your complex are having the same issue. It may be a "revenue stream" from the owners that's being abused.

Thanks Mr. Monkey and everyone else it helped to just complain about it.

and as far as everyone having issues I will say in the half hour I spent waiting for the office to talk to me 7 people came in with issues with their system so it seems its a complete mess.

They also got rid of the night drop box for rent so you have no way to pay if you can't be there when they are open. My lease clearly states that is an option.

Anyway I woke up this morning at 5 AM I normally sleep till 8 as my business doesn't open until 10. I watched a beautiful snow fall here in Colorado Springs and had a very pleasant morning and realized something. I was very mad about this but in the end I realized I am at work right now in a music store talking to musicians and getting people their first guitar and love what I do. I worked my butt off getting this business going and I never once say I have to go to work, I get to go to work and this nonsense with the apartment complex means nothing in the end. I am very lucky and wouldn't change any of the important parts of my life so its no biggie and I am just glad to have what I have. It was a very peaceful snowfall and I have absolutely nothing to complain about in life and being mad was silly. Glad I had a place to vent and I got screwed but oh well. Today I am going to go out of my way to make sure I do everything I can to help someone else and just be happy and not worry about this nonsense.

The more heart you got, the more you get hurt.

You posted what you did because you needed to vent.

Your situation should never have come to this, and the management had the power to undo all of it in a minute, and chose not to.

It's on them.

Email me about your store. You have me curious... and I have need of strings and things on occasion.

It isn't just your area. Many corporate-owned homes here - people having trouble making payments via the mandated online system.

http://www.kcra.com/article/te...-sacramento/13446903

At an apartment I had in Vegas circa 2004, there was an after-hours mail slot you could put your rent checks through. After something like the 5th of the month, I came home from work to find a pay rent or quit notice on my door. I went to the office and said I goddamned well put a check through the mail slot. There was no chute or box on the other side of the door, and I didn't put the check in an envelope. We found the check wedged between something (I think it was a water heater) and the wall. I was livid, unspeakably angry and barely contained myself. "You know," I said, "between my truck getting stolen and now this, I'm not renewing my lease. I'm out of here."

Aw hell no. That whole situation is just fucked up beyond belief and through no fault of your own. I'd fight that until the incompetent fools that caused it were fired and I wouldn't care what it costs. That's just me though.

Had my apartment double charge my rent via an online payment setup 2 days before I was leaving for a trip to Vegas. I raised 9 kinds of hell with their corporate office after they told me it could take up to 2 weeks to return the funds. Finally got someone competent on the phone and she cancelled the 2nd transaction which returned the funds to my account within 24 hours.

My daughter set up an auto-pay for her electricity. Last month, she checked and the payment was taken out. Two days ago her roommate home to a notice on the door and no power. She went and paid the bill, plus extra for an immediate turn on. Yesterday my daughter started in. BOA is the bank. Her first question was " You took my money out. You didn't sent it to the power company. Where is my money!" The bank doesn't know. They said they'd put the money back. Within 72 hours.it quickly got moved to "less then 24." Next was late fee, and emergency turn on. That was "discussed." BOA agreed to cover it. She'll also be picking up the letter explaining BOAs mistake.
I'm proud of her. I didn't have to pay her bail.