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If I have a lease provision for late fees, and I pay the rent due but not the late fees, can late fees continue to accrue?

Bay City, MI |

My lease provides for $15 per day late fees. Once I pay the RENT due, can the landlord continue to accrue late fees ON the late fee? For example, rent is $600. I am 4 days late ammounting to $60 late fees. The TOTAL now due is $660. I paid the $600 rent but not the $60 late fees. Can late fees continue to accrue on the $60? Or do the late fees stop since the principal amount of rent was paid?

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Attorney answers 2


Good question. This will depend on how the lease is written.

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


I agree with Mr. Weinman. The lease should give you the answer. If it is not clear from the lease, then I would argue that he is not entitled to late fees upon late fees. You might also have an argument that the charges are usurious. You might not win on that, but there is a criminal usury statute in Michigan. If that applies, the landlord could be looking at jail time and a huge fine. If I was your landlord, I would not want to test that statute.

James Frederick

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