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BitVyper 04-05-2010 07:58 PM

Legal terminology question
 
So I'm a little pissed off at my property manager, and I want to track down some legal information before I talk to her boss. Unfortunately, I think it's something covered more in contract law than tenant law, and I'm having some trouble looking for the right terms, so I'm hoping you guys can help me narrow my search a bit.

Without getting into the details too heavily; after being out on-site for most of the day, my property manager decided to close the office before their posted hours on the first of the month - I actually have their admission on this fact. When I DID pay my rent, they tried to tack on a late fee, which I gave them hell for, and they removed. Now I've got a notice saying I owe them a late fee (late fees ARE in my rental agreement). So basically, they trapped me into this. The late fee itself is a petty little thing, but I don't like getting dicked around, and I want to make that absolutely clear to them.

So I'm hoping someone around here *cough*Snake*cough* knows the right terminology for this sort of thing, so I can track down the appropriate section of Alberta law, just incase my property manager's boss decides to be a dick too. Obviously, if it comes right down to it, I'm probably stuck for this month, but that won't stop me from using the knowledge gained to ruin their shit in the future.

Anyway, if any of you happen to have an idea of what I should be looking for, I'd love to hear it.

krogothwolf 04-05-2010 08:32 PM

I'll pass this on to my sister and see if she answers. She is a lawyer in Alberta herself and her husband deals with property law. Hopefully they give me an answer soon. I'll pass it onto you when I get it.

BitVyper 04-05-2010 08:40 PM

Hey, cool. Thanks.

Nikose Tyris 04-05-2010 08:40 PM

She closed the office early and admitted to it, AND she said she'd waive the late fee. That's all you really need to take to her boss, but it's making an enemy of your property manager- that's not someone you necessarily want to piss off.

You are in the right, here, technically. What I recommend, though, is that you bring the late fee notice down to her, ask her if it was sent to you by error, since you had already discussed the circumstances. Smile, be polite, and if that works, great. Otherwise... well, better to pay it and smile about it. And I guess pay the rent early so it can't happen.

BitVyper 04-05-2010 08:52 PM

Quote:

Otherwise... well, better to pay it and smile about it.
I never take shit like that unless I absolutely have to. In this case, I have plenty of options if I need to move out, and I'm in a great financial situation to do whatever I want(I have about half a year's pay squirreled away). If they want to be dicks, I guarantee I can make their lives worse than they can make mine through entirely legitimate avenues.

Anyway, I'm pretty sure the girl I talked to knew this would happen. She was giving me some very clear "I don't want to talk to this guy, so I'm just going to lie" indicators. Unfortunately for her, she's lower management with a big company, so I can go way over her head if I have to. I probably will speak to her again, but based on our previous encounter, I'm pretty sure she'll just try to deflect me onto someone else who can't help, so I didn't bother mentioning that step in my OP.

Nikose Tyris 04-05-2010 08:54 PM

haha, well then by all means, go right ahead and bring down the wrath of the nine hells, Bit. :P Pretty sure you're actually quite solid here, unless your lease reads, "Prior to the first of the month".

BitVyper 04-05-2010 08:58 PM

Quote:

Originally Posted by Nikose Tyris (Post 1030555)
haha, well then by all means, go right ahead and bring down the wrath of the nine hells, Bit. :P Pretty sure you're actually quite solid here, unless your lease reads, "Prior to the first of the month".

Ah yes, that's right. You used to live off rent-payers, didn't you? Still doing that? That would be an awesome set-up.

Anyway, like I said before, it's entirely possible that even with the appropriate legal knowledge I may have to pay this time, since I wasn't expecting it so I didn't make records or anything. I'm okay with that. Just like I'm sure they'll be okay with me complaining to their bosses every time the office is closed so much as one minute before seven o'clock.

krogothwolf 04-05-2010 10:54 PM

Alright, she was kind of busy. But she told me you should look over your lease and check what time the rent is due. If they have a time and they closed before the appropriate time without prior notice then they cant charge you late fees. You could just be a mix up that gets sent from the managers office.

If you take down the lease and explain to them(again) and point out the time plus the fact you didn't get prior notice. Then you should be fine, hopefully the person isn't a douche though.

Sorry, that's all I could get from her right now due to the business of her time. She's got exam's to mark and shit because she's working as a teacher's aid and crap as well. goddamn people working to death!

BitVyper 04-05-2010 11:08 PM

Yeah, they don't have a time of day, just that it's due on the first of the month. They have posted hours on their office though. That's why I'm trying to figure it out from the other angle. Thanks for the suggestion though; it made me think of something else too.

I don't think it was a mix-up, because there was a note on the door about them also being closed for Easter Friday, and it said that late fees would be going out to anyone who didn't get there on Thursday (the note was not up until after they closed the office, which I also intend to bring up). And like I said, the girl really sounded like she was just trying to get rid of me.

krogothwolf 04-05-2010 11:12 PM

Generally speaking though, from facing a problem similar. Tenant/Landowner laws are favoured towards landowners in alberta :/


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