My landlord charged late fees going back to June when I missed that month's rent and is charging me each month ..legal?
4 attorney answers
A late fee can only be charged once for each installment. Also, the amount of the late fee must be stated in the lease agreement or not exceed $50. After the only late fee that can be charged for each rent installment, the landlord can charge you interest on the past due balance.
If you haven't been writing the month that your rent checks are for on the memo line of the check, the landlord is likely applying your payments to the oldest balance and charging you a late fee for the new month's rent.
Per Chapter 83 rent is due without demand so you don't need to be given an invoice... You know what you've paid and what you haven't paid.
Good luck, hire a lawyer if needed.
IMPORTANT: No attorney-client relationship is formed through...
Its depends on the lease and how the landlord is assessing the late fees. There are proper ways to do this and there improper ones. You will need to retain a lawyer to review the lease, at your expense, to make that determination.
DISCLAIMER STATEMENT FOR ANYONE READING THIS BLOG OR QUESTION POSTERS ON AVVO: The response to questions posted on facebook which are responses to questions submitted by anonymous persons on AVVO are in no way intended to establish any form of attorney-client relationship with either the anonymous AVVO question posters no or any social media medium nor should they rely on this information in any pending nor potential legal matter. The responses given are deemed as responses to general questions and fact scenarios posed as an educational exercise only, should in no way be deemed legal advice provided to any persons regardless of when in which the author is licensed to practice law nor to be viewed as a solicitation of clients. Further any comments posted should not be deemed as psychological counseling, or psychological advice for which this author is in no way qualified to provide nor should any reader rely on any such information without first seeking advice from a qualified professional, licensed in the state of the reader’s residence from a licensed qualified psychiatrist, psychologist, mental health employee, licensed clinical social worker, marriage counselor or other persons licensed by their respective state to provide mental health advice. To the best of the author’s knowledge the questions may well be generated for illustrative purposes only and not necessarily posted from real persons seeking legal advice. This response is not intended to be legal advice and is offered as general educational information only and should not be relied upon by any individual as legal advice. For legal advice you should employ the services of a qualified experienced lawyer depending on the nature of your question in the jurisdiction where your matter is or will be pending. The hiring of an attorney is a serious matter and you should not merely rely upon advertisement nor casual inquiry for such.
I agree; this depends on the terms of your Lease (which we can't review here on line). I can say that if you owe back rent, you can be EVICTED, so be careful here. Hope this helps. gsg
Responses provided herein are merely commentary on the question posed. They are NOT intended as legal advice, nor to be relied upon by anyone, for any reason, nor to create an attorney-client relationship between you and I; and all askers should consult an attorney for advice regarding each individual matter, since each case is a bit different, and not all information is typically recited in the online question as posted. PLEASE do not contact me directly; I am NOT accepting new clients at this time, and only volunteer here on AVVO to "give back" after a long and rewarding career. Good luck!
The answer is contained in your lease. You have been late paying the June rent. See what the lease provides insofar as continuing late fees.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.