Getting charged NSF fee after accidentally using wrong account, and threatened with a late fee
(USA, OR)
I was really tired when paying rent and accidentally selected my old bank account in the payment portal. I realized my mistake the next day and paid my rent with the correct account. I was still early by a few days.
I received a notice from my landlord today demanding I pay a $35 NSF fee by the 4th. That is the day rent is officially due, including the standard 4 day grace period. The notice says if I don't pay the fee by this date, I will receive an additional $75 late fee and they may take legal action.
They already received my rent payment in full before they gave this notice. I understand that it was my mistake using the wrong account, so already paid the NSF fee. My concern is the demand it be paid at the same time this month's rent is due, or get a late fee. Does this sound legal?
UPDATE:
I read my lease. It states that payments go to rent first, then fees. It says nothing about when fees will become due.
I think the landlord just used a boiler plate form. Since I already made a second payment by the time they sent the notice for the $35 NSF fee, they threatened a late fee based on that, not the rent. They made a lot of mistakes including getting dates wrong. They are notorious for this sort of thing.