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little laho | Can a landloard evict tenant because of the disputed late fee? |
My landlord just gave me the 3 day notice to pay or quit because of the late fee i didnt pay. The late fee is questionable and I am not paying because the landlord claim that they received the rent payment on the 7th, but the rent is due on the 1st every month. I am not paying the late fee since I dont think I owe them, my question is can they evict tenant because of the unpaid late fee? thanks. serious answer only please. |
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Landlord
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Simply, yes, you can be evicted for not paying the late fee as you did not pay on the 1st. |
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Hokie_Pokey
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If the rent is due on the 1st of the month and you paid on the 7th of the month then you paid LATE. So yes, you may owe a late fee.
My rent is due on the 1st but I have until the 5th to get it to them. I've always gotten it to them by the 5th so I don't know what the penalty would be if I was later than that.
Your landlord can evict you for violating the terms of your lease. If your actions constitute a lease violation then they can evict you. |
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nkahuntr
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yea you shouldve reviewed your contract before you signed to check 4 things like that |
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Paula M
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yep....sounds like you mailed your rent on the first........and they received it on the seventh.....
mailing something on the due date doesn't cut it....Rent is to be received by the due date......
My lease has late fees kick in when rent is 5 minutes late....rent is due by 3pm....late fees kick it at 3:06pm.
If late fees are in th lease.....he can proceed w/ the eviction....the judge will give you five days, but if your late fees have daily charges....you're racking up even more.... |
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goz1111
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If the landlord wants to proceed with his/her claim it will be up to a judge to decided
This is what will happen next, after the three days have past, the landlord can file for eviction for late payment claiming its part of the rent, thus a failure to pay all rent due and owing, you will get a court date
you need to show that day of court or you will loose, at the court present your evidence on timely payment, they can present theirs, if mailed the post mark on the letter will be a strong indication if it was late
even if the judge finds it is late, he may not find the violation is a material breach to evict, no matter what the lease may state |
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Lori S
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Your agreement will give you the answer. Your rent is due on the first. If there is a grace period, it is there (usually 5 days). If the agreement states a late fee as of whatever date will be charged and you paid later than that date (and can prove it in court) then you will probably have to go to court to prove it unless you can reasonably deal with your landlord. If do not pay the late fee, it is an evictable offense. |
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linkus86
 |
Leases are very black and white. If rent is due on the first of the month and you pay on the fifth, you are in breach of the contract (lease) and therefor you lose you rights to the property. But leases often include quick remedies to late payments to avoid the breach of contract like late payment fees. But if you refuse to pay the late payment fee you leave the landlord with no other remedy but to evict you which will also result in full forfeiture of your entire deposit!
You could roll the dice and not pay the late fee and then make your landlord start the eviction process because that will allow you to be heard in court where you must prove you do not owe the late payment fee (you aren't presumed innocent in this court). But even if you are successful and later pay your rent a single day late, your landlord can simply not accept your rent and legally evict you. |
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itsjustme
 |
I think it depends entirely on what country you are in.
If in the usa then it would depend upon what state you are living in.
I will say this, though.
If your rent is due on the first and you haven't made payment until the 7th then more than likely by law you have to pay the late fees, if that is what is stated in the lease you evidently signed.
To have a landlord issue a vacate notice because of being late one time on your rent is almost unheard of.
I suspect that this has been an ongoing problem with you.
Your landlord is just tired of having to exert the extra energy it takes to force you to pay your rent!
All could be avoided if you pay on time! |
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reenzz
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Late fees become part of rent due...so yes, the landlord can evict you for past due rent. I'm sure if you read over your lease...which most tenants fail to do...you will find that you do owe the late fee. |
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vlvtnrbt
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Yes in many cases the late fee is considered paid by your rent payment first, and the remainder goes toward your rent. That means that you will end up having a deficiency in your rent and your Landlord can issue a 3- Day pay or quit notice. Just because you are questioning the late fee doesn't mean your Landlord is, If your Landlord insists on it , rent can be due when it is due, and that means if it is due in cash, in the landlord's hand by "x o'clock" on the day it is due, and he can issue the pay or quit notice the very next day if he wants. Think of the late fee as a special charge for the privilege of paying the rent late and if it is exorbitant, pay the rent early ,or move, simple as that!
If I pay my bills late I have to pay extra , why shouldn't you? |
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