I am trying to determine whether a late charge in a lease is reasonable. Any renters who are willing to share, I would appreciate it if you would post the amount that your lease provides the landlord can charge you as a late fee. Also, what are the terms (is there a grace period? Are there additional charges for additional days?)?
TIA
Late charges as listed on my lease; Rent is due by the 1st of the month and considered late after the 3rd. After that the assessed late fee is $75 with 5% added each day after the 4th.
Amp,
Where do you live, and how much is your rent? That is, if you care to answer.
This is more of a survey than a factual question, so I’ll move this thread to the IMHO forum.
bibliophage
moderator GQ
Last apartment it was $25, with an additional $15 each time they knocked on your door trying to collect. I have NO idea if that was legal, and I never actually went late.
Mine used to be $25 if not in by the 5th of the month – on $400 rent in a shithole apartment in Pittsburgh.
Are you curious about something that is in a lease you are considering signing, or are you trying to fight something that you already signed?
Mine is 10% of my rent if I pay after the 5th of the month, I think (never actually having been late paying rent). So…that’d be about $46.
I live in Tampa, FL. Carrollwood area if your familiar with Tampa. Rent is $600. Yeah, the late fees are ridiculous. That’s why I’m never late. 
In Pittsburgh, PA my late fee is $50 if payment’s received after the 5th. Rent is $550. Technically, it isn’t a late fee; the rent is “really” $600 a month, and renters receive a $50 “discount” for paying by the 5th. But I still consider it $550 with a $50 late fee.
So do many courts, especially if your rent receipts and/or the landlord’s books do not reflect a discount.
Of course, the usual disclaimers apply.
I don’t have a late fee.
I just get a phonecall asking me to send it. Thats only happened once though. (The rent check had actually been held up in the post.)
When I lived in NYC (Bronx) it was a five-day grace period and then something like $25 late fee. I don’t remember the late fees increasing as the month went on (hypothetically, since I wasn’t late). It was ~$550/mo.
Same with me - I live in Northern Virginia (DC area). I’ve only been late on rent once - and at 10%, had to pay $134. Never again!
Susan
:eek:
What the hell kind of palace are you renting for $1340 a month? I know New York is horrible for rents, but is DC that bad too?
I, for one, can’t believe the folks in the SD that have NEVER paid a fee for being late on rent. There are currently two threads on this subject and I seem to be the only one who is ever late. I must be the reason the law/rule was written.
Where I live now, rent is $850 a month. If it isn’t paid by the 5th of the month I owe my landlord an extra $75 and it happens every once in a while. I travel a lot and I’m quite forgetful. This is a house I’m renting and I have a good rapport with the woman who owns the house. I’ve been here 4 years and I’ve never received an eviction notice nor any harsh words.
-K
You might avail yourself of the form letter found here next time it happens. Of course, the usual disclaimers apply. Or you could follow the contractarians here at the SD and pay even if you might have a legal defense because, well you agreed. Then again, the unenforceble penalty doctrine did not appear from nowhere. It was created by courts in response to arguments made by businesses that:
could afford lawyers;
signed contracts with late charges in them; and
decided that they did not want to pay.
The courts agreed with them, and the unenforceable penalty doctrine was born.
Anyway, it’s up to you.
Thanks for the info.
Here is a New York case in which a Landlord successfully avoided its contractual obligations–to which it knowingly agreed–by arguing that the clause in question was a penalty. Obviously, the landlord must be a slacker or a deadbeat.
http://www.nycourts.gov/comdiv/Law%20Report%20Files/October%202001/Bates%20Advertising.htm