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Can late fees accrue after lease expires? we had extended stay of seven days, due to death in family.

Buffalo, NY |

our lease expired and was not renewed, we were moving out the end of July, my mom had passed in July which had put us a week behind in vacating, LL agreed we could extend stay at rate of $29/day. we asked LL to deduct amount owed from security, she has refused to do so and is now charging late fees for said week of rent. can this be done as we are no longer under lease agreement??. also LL has stated we have forfieted our security deposit with breach of lease. this lease provision is unlawful and violates state law NY RPP 235-b. LL is required to maintain safe furnace, not the tenant. a lease provision that over rides state law is void?

thought that landlords are required by law to return deposit under NY General Obligation 7-105. how can she charge late fees when we are no longer under lease aggreement

Attorney Answers 3

Posted

You now find yourself in a legalistic mess. You didn't realize that landlords do not return security deposits without litigation in small claims court. Such litigation costs more than the security deposit is worth. You also did the landlord a favor by paying money to hold over very briefly.

You should have sought help from an attorney. One of us would have told what to do and the landlord would right now have been in your shoes. Instead, you face litigation for the deposit the landlord will never refund to you.

Good luck.

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4 comments

Asker

Posted

can late fees accrue?

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

You didn't understand what I said. They only accrue if in your mind they accrue and if in your mind you owe them. You didn't check with an attorney.

Asker

Posted

I was just informed via email 2 days ago.regarding the late fees for unpaid rent for the 7 days. and I did ask for advise thru AVVO.. they say to small claims.. but I need to wait out time for landlord "reasonable time" for return.. I have not been advised of process to benefit my rights as a tenant..I have followed the rules and patiently wait..guess I must file a complaint with Attorney General.

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

The attorney general will not do anything.

Posted

You should consult with an attorney, licensed in your jurisdiction, who is experienced in handling matters in this area of law. A skilled attorney in your jurisdiction will know which questions to ask you about your situation in order to assist you with making an appropriate determination regarding your situation.

This is not legal advice. This response is provided for general information only, as a public service. It is not to be relied upon as legal advice and does not create an attorney/client relationship; nor is it an attempt to create an attorney/client relationship. Consult with local counsel in your jurisdiction about the specifics of your case, which is the only way to gain true meaningful legal guidance and/or representation.

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Posted

After the lease expired, you became a month-to-month tenant, but the terms of the lease (other than expiration date) still control - this includes late fees.

Security deposits, however, should not to be used to offset those fees / rent.

Sit with a local attorney to review the docs and render an opinion whether it makes sense to litigate.

I may be guessing or not licensed in your state. No atty/client relationship exists.

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