My Landlord is being unreasonable for charging me an NSF fee.

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My Landlord is being unreasonable for charging me an NSF fee.

Judy Doolittle
Deer Park, TX · Member since 2016 · 1 post · 0 votes

Hello, I am 68 years old and I am on the housing hud voucher program.  My apts who is managed by a real estate business has us pay our rent online what is called Realpage. I had brain surgery and my sister was my social security payee and had been paying it. I finally got to have my on SS check and this was my very first time to pay my own rent online on the Realpage. I accidentally paid a duplicate payment which at the time I did it I didn't even notice that I did. Realpage had no instructions and I was struggling to pay my rent anyway. I paid my rent on the 3rd like I do every month. I wanted to ad I have been living here for 7 years and never once been late on my rent. On the 5th I checked my bank balance and I had some checks bouncing and I panicked. I looked an sure enough there were two 379.00 payments on the same day March 5 they both cleared. I called my apt right then and thought that they would just simply return the duplicate payment. Nope and the mgr commented well now you don't have to pay rent next month. I told her I could not afford to pay to months rent. So I called my bank and explained and they didn't charge me and just reversed the duplicate payment.  When the apts found out not only did they charge me a 75 dol NSF fee they also restricted me from paying my rent online anymore. I have no car and I have to walk over a mile to get a money order for my rent. I told them keep the 75 I made a mistake but don't bar me from paying rent online it was not a nsf I canceled it. On my lease written in on paragraph 6 it states 1 NSF fee and then I would have to bring a money order in. I have cried and cried how can they get away with this. I have no one to advise or help me and I do not know if they are right are I am right and  if they are wrong what can I do.? I am thinking about talking to my case worker at my housing office but she really has never been any help. I made a copy of my bank statement showing the two payments cleared my bank and I made a copy of my lease to where it states 1 NSF fee. It doesn't say returned ACH Or returned check  for any reason on my lease it specifically states NSF which is insufficient funds. Does anyone think what they are doing is fair and if anyone has any information for me as what can I do. I feel like I am living in the twilight zone with these people I have been a good resident for 7 years no late payments no returned checks. I know this doesn't sound that important but for a 68 year old lady who is not well walking over a mile to and from the store to get a money order because I paid a duplicate payment. I apologize if I repeated myself I am just so upset over this mess. It is the principle of the thing.?  thank you 

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  • Aaron K.
    Specialist · Riverside, CA · Member since 2015 · 6k+ posts · 3k+ votes
    6y

    I was fully expecting based on the title to have to explain that when checks bounce the person trying to cash them gets charged a fee that they must pass along, but that is not the case here.  Call the manager again and point out in the lease where it states 1 NSF charge and then no online rent payments, the landlord is bound by the terms of the lease just as you are.  Getting the $75 NSF charge back may be a bit more tricky, but it sounds as though that isn't your primary concern.  If the manager/ owner remains uncooperative after you bring up the terms of the lease you'll probably want to reach out to an advocacy group.

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  • Account Closed
    Property Manager · Salem, WI · Member since 2020 · 23 posts · 20 votes
    6y

    What likely happened is that both payments ended up deposited into your manager's bank account and when you did the reversal of one of payments the management company may have been charged a fee from their bank which ultimately accounts for the NSF fee being passed on to you.  Can they do this? Yes they can per the lease regardless as to if the lease adds other language such as ACH or returned check. NSF is the term used for all scenarios when funds are insufficient to cover. I agree that losing online privileges should also be in the lease. 

    If I were you I would contact the management company again (be polite) and again explain what happened. Show bank statements where it shows the double payment and where only one payment was reversed. Ask to speak to whomever is in charge and ask them if they ended up getting a bank charge due to your reversal. If they say yes, then that confirms why the fee was passed onto you and yes you would then owe it. If they say no they didn't get a bank fee, then you may have a foot to stand on to seek further help in fighting this because per a lease, that charge should really only be passed to you if they received a charge on their end.

    I am sorry that this happened to you.  Mistakes happen when we do online payments, etc.  Did the double payment happen because of something you did or was it the fault of Realpage.  You may even want to give them a call before calling the management company unless you already know it was your own error.  

    Right or wrong, remember to keep your anger in check when you deal with the management company. I understand that $75 is a lot of money for you but don't forget to look at the big picture too.  You must like it there or you wouldn't have stayed so long. If it is losing the privilege of paying online you are most upset about, talk to them again about that.  As a manager myself, I would have worked with my tenant in this situation based upon what you say about your 7 year history. At the very least, I wouldn't have revoked your online privileges.  I wish you good luck and hope you find a peaceful solution. 

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