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Overpaid LL in last TA. How can money be recovered?

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JR8
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Postby JR8 » Fri, 16 May 2014 11:43 am

:???: good luck.

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ScoobyDoes
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Postby ScoobyDoes » Fri, 16 May 2014 11:53 am

pp25 wrote:Thanks JR8. What that basically means is based on the TA, the late fees are calculated at 10% per annum. Husband was late on 2 occasions - once by 30 odd days and another time by 20 odd days. That calculation leads to $75.



My maths might be a little rusty but 10% per annum doesn't come out to $75 on the basis of a $5000/month rent.

At 10% of your annual rent the penalty comes to $6,000 meaning $16.40 per day.

If you then say about 50-days late in total, according to your contact, late fees amount to ~$820 so whilst it's not an the $15k of the overpayment it's not down to the $75 level either. To make counter claims, your numbers should be right first.

Anyway, I'd still have a look around at other units whilst making sure your current LL stumps up the ~$14k still due back to you (stick with the terms of the contract). This will only leave a sour taste in the mouth of both sides and it could be better to start afresh in a new place.
'When Lewis Hamilton wins a race he has to thank Vodafone whereas in my day I used to chase the crumpet. I know which era I'd rather race in.'

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zzm9980
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Postby zzm9980 » Fri, 16 May 2014 12:16 pm

You haven't done yourself any favors by being late, but not to the tune of penalizing yourself $14-15k (hard to tell here since the story is a bit murky).

Assuming you're being 100% honest with us, I'd give him 30 days to agree to make you right. After that, I'd stop paying. Live there as long as your current tenancy agreement would allow you based on your current rate then walk away. If it gets to court just show cashed checks. I don't think any judge in the world will buy that bullsh!t about one TA being in your name vs your husbands name. In fact, legally you should have both been parties on both TAs.

pp25
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Postby pp25 » Fri, 16 May 2014 12:19 pm

Thanks JR8 and Scoobydoes!

The late fee is calculated on the amount unpaid calculated payable from the due date of payment. So the 10% would be on the $5K charged as rent per month.

pp25
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Postby pp25 » Fri, 16 May 2014 12:23 pm

Thanks zzm9980! I am getting in touch with a few lawyers also in the meantime to figure out next steps.

Beeroclock
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Postby Beeroclock » Fri, 16 May 2014 10:46 pm

pp25 wrote:Thanks JR8 and Scoobydoes!

The late fee is calculated on the amount unpaid calculated payable from the due date of payment. So the 10% would be on the $5K charged as rent per month.
that's why I mentioned in my earlier post you should also put him on notice for interest at 10% for the money he owes you if he doesn't give it within x days. This should be reciprocal if he has taken late fees from you.

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Postby pp25 » Sat, 17 May 2014 2:09 pm

Thanks beeroclock! I have replied to the LL to buy more time, and talking to a lawyer in the meantime. Hopefully will get something from there early next week, and then get back to the LL.


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