# Va. information on tenant law (late fees)

**URL:** <https://boards.straightdope.com/t/va-information-on-tenant-law-late-fees/791625>\
**Category:** In My Humble Opinion\
**Created:** [July 19, 2017, 3:53am UTC](https://boards.straightdope.com/t/va-information-on-tenant-law-late-fees/791625 "2017-07-19T03:53:21Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [July 19, 2017, 3:53am UTC](https://boards.straightdope.com/t/va-information-on-tenant-law-late-fees/791625/1 "2017-07-19T03:53:21Z")

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I am not asking for legal advice in the sense of “what should I do?” I am looking for factual information about the law. Does Virginia law allow landlords to charge for legal fees if the lease does not mention it?

My daughter (college student) was late paying rent on a unit that she shares with two other women. It was the first month, she hasn’t moved in yet, and there was a misunderstanding about what rent was due when.

The management company charged 10% of the rent as a late fee, plus a $30 attorney’s fee, plus another $129 attorney’s fee to prepare and deliver a legal notice to the unit.

The lease provides for the 10% late fee, but makes absolutely no mention of legal fees, except in the context that the company can sue for legal fees in the case of termination for default.

Does Virginia law allow the landlord to charge for legal fees if the lease does not mention it? Are the tenants in breach if they fail to pay the legal fees? I assume that they could be sued for it if they don’t pay, but I am trying to find out what fees landlords may reasonably and legally charge.

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**Author:** ![CookingWithGas](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cookingwithgas/32/485_2.png) [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)\
**Post date:** [July 19, 2017, 5:50pm UTC](https://boards.straightdope.com/t/va-information-on-tenant-law-late-fees/791625/2 "2017-07-19T17:50:55Z")

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Bump for daytime exposure

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**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\
**Post date:** [July 20, 2017, 9:59pm UTC](https://boards.straightdope.com/t/va-information-on-tenant-law-late-fees/791625/3 "2017-07-20T21:59:50Z")

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Here’s a [page with a link to the Landlord/Tenant handbook](http://www.dhcd.virginia.gov/index.php/dhcd-resources/landlord-tenant-handbook.html).

Searching on “fee” “late”, etc. there are lots of passages that suggest this isn’t allowed, but none that outright state it.

> [@](#):
>
> A. A rental agreement shall not contain provisions that the tenant: …
> 
> 1. Agrees to pay the landlord’s attorney’s fees except as provided in this chapter;

This part is in a section about security deposits

> [@](#):
>
> payment of accrued rent and including the reasonable charges for late payment of rent  
> specified in the rental agreement;

There are a number of places that mention “reasonable attorney’s fees”, but I think (IANAL) you could make a strong argument that $159 in attorney’s fees to deliver a notice about failure to pay rent on time is not remotely reasonable. You don’t need an attorney to print out a “you failed to pay rent on time” notice, or to deliver it.