Am I responsible to pay for a late fee if a banking error resulting in a false insufficient funds?

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Am I responsible to pay for a late fee if a banking error resulting in a false insufficient funds?

I received a returned check stating non sufficient funds. I went to my bank and spoke with the manager asking why. She told me that my account was never charged. That the checking account number charged was not mine. I had present this edvindence in the form of bank managers letter, my account statement, and print out of the check and the account number attempted to be charged. The landlord is resisting to drop a $100 fee and now tacked on a $75 “late fee”. Should I seek a lawyer to resolve this?

Asked on June 15, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The legal fees are going to cost you more than negotiating with your landlord.  You see the landlord has a contract with you and not your bank.  He does not care really that the bank caused the mishap.  He was charged fees from his bank and he is entitled under your lease to charge you.  The late fee seems a bit over the top.  I would see about paying his fees from the bank and asking him to be reasonable and act in good faith here.  And I would go back to your bank and speak with them about the matter and ask them to help rectify it monetarily.  Good luck.


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