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Additional Details
Just a note had ... |
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yaboyoyoing | Can a landlord charge a $300 late fee for being 2 days late on rent? |
I thought there had to be some kind of reasonable amount set I mean 300 bucks is alot for 2 days late and I haven't even gotten a 3 day notice yet. |
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kenknickerbocker
 |
depends if its in the contract or not |
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Avignon_11
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Check your lease and see what it states about late fees. Also check the landlord/tenant laws in your state. Some states require 5 day grace periods, but some don't |
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jorra
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If you signed a lease stating you'd pay $500 per day for a late fee, then yes, he can charge it. Charge it.
But, would a judge enforce it? No, unless he's getting a kick back from the landord. |
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eeeeelias
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It is all depending on the contract.
Read the contract, and if that doesn't appear, then you'll know what to do.
It is all in the contract.
(If it is, what an as$hole of a landlord you have) |
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Carissa K
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If the contract you signed says so, then the landlord can. But sometimes a court will determine that a contract, even one you signed, is too unreasonable or unlawful. That might be the case with this one.
If the contract does NOT say so, then no the landlord can't. I hope you kebt the contract with you. |
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gobonzzo
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The courts will usually accept a late fee that is "reasonable". If you were to file a complaint in tenancy court his fee would probably be disallowed by the judge. I used to charge my tenants a $10 late fee after 5 days late, this was in the early 1980s. A fee of $300 is punative and unreasonable in my opinion. File a complaint if he tries to impose this, you will probably win.
Even if it is in the lease a judge might strike it down as unconsionable and unreasonable or excessive. Just because something is in a lease does not make it legal or enforceable. |
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Uh huh, go on I'm listening
 |
look at your lease agreement, that should state your late fees.
but $300, is unheard of. the most I ever heard of was $50. |
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^patty^
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You will need to read the fine print on your lease. IT should all be explained in there, if not refer to state laws in your area. |
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UNITool
 |
If that's what's in the rental agreement or lease than that's what they can charge. If you signed it, you agreed to pay it. |
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Steppin' Out
|
No, I don't think that's reasonable unless it is mentioned in the contract. Usually, if you fail to pay rent for more than a month then you have breached the contract and you can be asked to leave and pay the remainder portion of the rent. But I've never heard such a thing as being charged a late fee for rent. |
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DrFineSt86
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he could do watever he wants but it MUST be on the least if not you could take him to court because it wasent part of the agreement when you moved in |
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awesthoustonrealtor
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That's insanely high, but possible if it is stated in your lease agreement. Read it, you signed it. |
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aliciaann2007
 |
It really all depends on the contract you signed with your landlord.
If the contract says nothing about charging a late payment in 2 days then you have problems. |
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LE
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It depends on your state and area. Certain states have laws regulating late fees. Some even say you cannot charge late fees for 30 days(insane), and others say, you can only charge it if you actually lost money because of them being late(what about discouraging bad behavior or wasting my time?) But, a lot of states do not regulate this at all. Point is, study your state's LL/tenant laws.
If you take them to court over it, most judges will recognize that this is excessive(undue economic burden is the legal term I believe), and you may get some back. But, if you do that and you are late again within a year, you may not get a chance to pay the late fee. They may just hand you an Unconditional Quit notice.
From most Landlords I talk to, 10% is the standard, acceptable amount. I used to charge 5%, but tenants would pay it, and continue to be late. I raised it to 8%, then they stopped being late.
I'm not in the business to make money off of late fees, but I also hate having to call around every month, just to get the rent paid. Come on people, it's due on the same day every month. It's not like it catches you off guard. |
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MacC1windmill
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If you are unfortunate to have a rigorous landlord, that may charge for in some states.
Check your grace period, and try to pay within that extent of time. It is usualy 5 days.
They'll count your record even if you pay earlier, but always write to the memo section of your check what do you pay for.
Landlords favor you for having a prompt record. |
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mizl
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if that is the ony reason and its not on the lase, then no he is not allowed to charge that mush But if there is another reason, and it is in the lease...then you screwed...check everyhting out first. |
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heartzablaze215
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Review your rent agreement, it will talk about in there. |
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LILLIAN B
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Unless it is written in your Lease agreement and you signed it,It is very possable that if it went to court you may have to pay.
certain Steps also have to be taken if you have a Lease Agreement
If you do not have a Lease Agreement i would give notice to move 300.00 is out of control and excessive you should have a grace period of some sort usually it is 5 days then you are considered late the most ive seen is 50.00 and at the most a dollar - 5.00 a day until paid in full then on a certain date usually between the 9th and 12th to start eviction procedings |
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☆ ♥TweeXCore♥ ☆
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no! that's insane! |
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+
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the landLORD can do whatever the hell he wants.. |
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