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![United Dominion Realty Trust [UDR]](/images/business/45h/107745/udr.png)
This complaint is directed to UDR. I rent a unit at 5421 Campbell Lane in Dublin CA. UDR engaged in unfair practices to charge fines and late fees. UDR provides an app and that is the only reasonable way to pay rent online. I paid the rent ahead of time , in fact i used their online app and paid on the 28th of the previous month this is 3 days before the due date. I paid the rent mentioned on the lease along with additional fixed fees of $10. I paid $3774. . In spite of me paying the rent ahead of time they charged me a $110 late fee. When asked "why" they said I did not pay utilities on time. The charges of utilities were not even posted at the time of me paying the rent. . Also the utilities is not a fixed fees, it varies by usage and the actual cost does not post on their app until the 2nd of the month but they expect it to be paid by 4th. Important point the entire utility amount was $147.. Ridiculous they charge 110 late fee for a 147 charge. This was never mentioned in the lease and it is not practically possible to auto pay or pre-pay as the accurate amount will not be available until they post it online.. I think it is not fair business practice to not give at least 3 days notice and time to pay, also there is no flexibility in the methods we pay . For instance if someone doesn't have access to internet or not able to login to their app on the first 3 days, there is no way for them to find out the amount. They will get a late fee charged without any fault of theirs. the same happened to me. I find this unfair and they seem to intentionally use this as loophole to charge illegal fees. I want them to refund my late fees as I complied with the lease term and paid rent before due date.
Desired outcome: Refund the fees
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Per the signed lease contract, rent must be paid on or before the 1st day of each month (due date) with no grace period. If you don’t pay all rent on or before the expiration of one business day after the due date, you’ll be delinquent. You will be obligated to pay to us a fee if you fail to pay any amount when due under the lease contract. According to our records, a partial payment was submitted on 9/28/23 for the base rent amount and liability insurance. Utilities were posted to the ledger on 10/1/23 and were not paid until 10/7/23, so the account incurred a late fee. All charges are posted to the ledger on the 1st of each month. While we can offer an estimate of these charges prior to the due date, we're unable to display the definitive amounts until the 1st. This is because we require the utility usage data for the entire month to accurately compute the owed amounts.
We are not permitted to waive the late fee as the full rent balance was not received by the due date listed in the signed lease contract. Should you wish to submit early payments in the future, we encourage you to review the account for any remaining balances on the 1st to avoid any unwanted fees.
The lease clearly states rent and the value lsited is $3764. On september 28th (3 days prior) $3774 was padi. So it was not partial.. Again you are mis-stating. Clearly my lease says "RENT" is due on the first and the amount listed to pay on the 1st is $3764. This is what my lease says. I do not agree with your statement. Also, you say "though we can post an estimate" why not post it? so can you answer that you will post a fee for the first time on the 10/1 and it is late immediately after 3 days? Doesn't make sense. Can you tell any fair billing works this way?
Also if rent is due on the first how can someone pay the rent after seeing what you post on the first? Ridiculous and conflicting to what you are stating. Basically this is a scam to levy unfair fees. Please see Alameda county rental restrictions clearly restricts you from levying late fees for utilities. Utility is not rent. Clearly you are mis-stating the facts.
https://caltenantlaw.com/late-fees/
UDR is hiding the fact that they charged late fees for a utility bill. Not *rent*. UDR please confirm that you charged late fees for utilities , you post the exact value on the 1st and set it to late on the 3rd. You can hide the facts and mis-state but truth is its illegal.