Moab, UT asked in Landlord - Tenant for Utah

Q: Can a mobile home park agent force me to pay another $50? If the late fee including rent was 450 but he ran my card 400?

My card then declined that attempt due to a fraud prevention. Me not knowing the total i owed was $450 saw the charge he just attempted to do for $400. I then went and got a cashiers check, which is another accepted way to pay rent, for $400. I turned it in 2 hours after later. After he received my cashiers check he came to my mobile home demanding the $50 or i would be charged another $20 a day late fee which was all sent to me in an email the day before I had yet to recieve. What has more precedence? His email the day before all this happened or his actions charging me $400.

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1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore
  • Spanish Fork, UT
  • Licensed in Utah

A: Charging your credit card in this case sounds like a collection of amounts due, not a communication of amounts due. I don't have any doubt that in court your mobile park agent could get a judgment that you haven't paid the amount agreed upon in your agreement. If the email communication had stated that your late fee was waived, this would be a different situation. Since the agent gave you a clear email of what they are enforcing in your contract, the credit card charge is nothing more than a collection error.

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