Late rent fees

Hello, fellow Dopers. Long time reader, first time poster. Not sure if this is the correct area to post this or not but…
I just moved into a new apartment three months ago and signed a one year lease with the property managemtn. Like most rents, my rent is due on the 1st and I have until the 5th to pay. This month I forgot to pay on time and instead paid a day late on the 6th. My rent is $350 a month and they hit me with a late fee of $25 which I paid.
But then today, I got a bill in the mail saying that the late fee is actually $100 dollars so I owe $75. I am probably screwed as I am sure it’s in the rental agreement but it just seems to me that a $100 late fee for being one day late on a rent that $350 a month is quite unreasonable. It’s 28.6% of my rent.
Thoughts?

Where do you live? This will have an impact on the answer.

I’ve reported this thread to be moved to the IMHO forum where you will be able to get more help with this question.

Thanks, I live in Montana.

I’m a landlord. Get a copy of the lease and this time HANG ON TO IT!!! These things are important legal contracts.

You say “they hit me with a late fee of $25 which I paid.” Where did that figure come from?

Since the OP is asking for advice, let’s move this to IMHO.

Colibri
General Questions Moderator

It came from the mouth of the lady at the front desk. Then three days later I get a letter in the mail saying that it’s actually not $25 but $100 and I that I still owe them $75.

The lady at the front desk should be able to get a copy of the lease that you signed (not some generic lease). Start with that.

But why would a property management have such an unreasonable late fee? Or I’m I just mistaken as to what’s a reasonable late fee these days? And if this is in the lease would you say that it is unreasonable enough to take to court? Or at least to try and get a professionals opinion on the matter?

If the written rental agreement says $100 late fee, then you have to pay the extra $75. All this is allowed under Oregon law, Montana law may be different, but don’t count on it. If the local rental market has a high enough vacancy rate, you should shop around for a more reasonable landlord.

This has the taste of money-grubbing, and I think this is bad economy for the landlord. I charge $50 on the 15th of the month for a typical $600 a month rent. What little bit of money I lose by waiting until the 15th is gained right back with a long term tenant … [ka’ching] … someone renting for ten years is major profit.

Get that copy of the lease, hang on to it, and READ it. I googled “montana landlord tenant laws” and found a wealth of information you can use.

… and make sure you’re never late with rent again … because that’s the problem, you agreed to pay on the first and you didn’t.

In Australia there’s no ‘late fee’ as such, but you don’t want to be late on your rent without a decent reason, otherwise you’ll find yourself without a chance to renew your lease at the end of your rental term (generally 12 months in the first instance). That being said, *most *Real Estate agents and landlords here are accommodating and provided you end up paying the rent eventually, they’re happy to keep you on the books…

And THAT being said, I want to know where you can live for $350 per month! :stuck_out_tongue:

My old apartment charged a $150 late fee, in addition to 5% of the current rent. A real incentive to pay on time.

If it’s written in your lease, you’re stuck with it. But first, make certain it’s actually written in your lease.

How much was your rent though?

Nitpick: you weren’t one day late. You were five days late. Your rent is due on the first, not the fifth. They just give you a four day grace period.

That said, $100 does seem like a steep late fee, but then I haven’t rented in at least 25 years.

Helluva lot more than $325, no doubt about that…

But the point is, unless there’s some state law which supersedes whatever’s in the lease, or something outrageous like $15,000 plus your liver, that’s what you’re on the hook to pay. As for why the management co. would charge such an exorbitant late fee… it’s because they can. Sucks, but them’s the breaks.

Thanks

I suggest you arrange a regular direct debit from your account so that this never happens again.

That might work if his landlord accepts electronic funds transfers. A lot of them still only accept paper checks.

I don’t know the OP’s finances and the reason he was late, but in order of that to work, he also has to have the money in his account ready to be drafted that day.

If it’s just an issue of remembering, that’s other ways to deal with that.

Banks with online bill pay often will cut and mail an actual check if the recipient isn’t set up for EFT. You just designate when you want it to be delivered and the bank cuts it and mails it on time.

That’s how I do it. I’ve had a single checkbook since 2004, since nearly all of my checks are sent by my bank.