Our lease ended 7/31, and we got a letter in the mail today from our landlord saying that we had to chose to sign a new lease for either a year-long option or a month-to-month. It also says that she is implementing a new $2/day late fee IN ADDITION TO her previous $35-late-fee-if-rent-not-in-after-the-5th-of-the-month. Can she charge us by the day? That seems shady to me....
2006-08-13 18:05:56 · 26 answers · asked by chaotic_mum 4 in Politics & Government ➔ Law & Ethics
A - She wants the paper signed by 8/31 and I'll be moved out by then anyway.
B - I don't need a lecture on paying rent on time. I do. I just don't want to be signing bullcrap.
2006-08-13 18:12:34 · update #1
Yes, she can do this. The old lease expired so you must negotiate a new one, or go to month-to-month.
You should never be late on rent. It is highly immature and irresponsible. She needs to pay her mortgage on time. $35 plus $2 per day seems cheap to me. If I'm late on my mortgage they charge me $135.
If the only complaint you have is that you plan to pay the rent late every month and are worried about the $2 a day late fee, then it is unlikely anyone will want to rent to you. Landlords like people who pay their debts on time.
Finally, it is your choice to live there. If you don't like it then move.
Good Luck,
p.s. If you are moing out then none of this matters. Don't sign the lease.
2006-08-13 18:07:52 · answer #1 · answered by Plasmapuppy 7 · 0⤊ 0⤋
look this up to make sure because i don't know what state you are in. I am going to assume you have paid rent six days late for august and have not signed a new lease yet. you automatically have a month to month lease. a new lease means new rules. since you haven' t agreed the 35 dollar late fee doesn't even apply. you must be given 30 days notice in writing for any changes . but be care full. one of the changes might be a rent increase. if I were you i would pay my rent on time. If I were the the landlord I would drop all late fee language and raise the rent fifty bucks. what are you going to do
2006-08-14 02:02:25 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Lets see, the lease expired on July 31. Did you pay August's rent on the 1st or when it's normally due?
If yes, then you are technically on a month to month basis now and your landlord has waived or consented to you being a holdover tenant. (one who does not leave at the end of their rental term)
She can have you sign a new lease, with the lease being effective on Sept. 1. If you chose not to sign the new lease and you have paid for August, she can't force you to move out by the end of the month because she would need to give you a 30 day notice unless again you didn't pay.
I would check your state statute on late fees whether it allows landlords to add a per day late fee or is it a flat fee.
If you do not like the term of the lease then start looking for a new apartment right away for the month of Sept and move. If you can't find an apartment right away, give your 30 day notice at the end of August and pay the Sept.'s rent and start looking.
Also, if she going to hassle you like this, you should take a pictures of your apartment before you move and have her present for your move-out. I have a feeling you will not being seeing your rental depsoit when you move.
2006-08-14 01:37:15 · answer #3 · answered by El_Nimo 3 · 0⤊ 0⤋
In theory whatever you sign is legally binding, because in theory you could choose to live somewhere else if you don't like the terms. That said, every state (and some cities) has different rules about what terms landlords can or can't impose - if the lease contains an illegal provision that clause is void even if you signed it. Also, in some places courts tend to support the interests of the tenant even if the lease has technically been violated. But you need an attorney who knows these laws to find out.
Suggestion: Keep paying the rent on time until you can find a new landlord. Then make a point of telling the old one you left because she was a greedy c*nt. Be sure to contact any prospective tenants to warn them the landlord is a greedy c*nt; just don't publish it anywhere it could be traced back to you.
2006-08-13 18:30:21 · answer #4 · answered by dukefenton 7 · 0⤊ 0⤋
Ok, did a brief internet search, and this is something that I found on leases and late fees: (Still I would check with a local lawyer or other official for the exact details in your area.)
"Objectionable Clauses
Not every clause in a rental agreement can be enforced; some are illegal. Such clauses do not negate the validity of the entire lease, but the clauses themselves are considered void and unenforceable. Objectionable clauses include:
penalties for late payment of rent, unless the rent is more than thirty days overdue"
2006-08-13 18:58:58 · answer #5 · answered by ajdean 2 · 0⤊ 0⤋
She can charge the general late fee, but the daily fine is likely to be construed by a local court as "punitive." Check the property code. THere are rules in the Code that trump signed leases. You cannot waive all your rights.
2006-08-13 19:49:57 · answer #6 · answered by Brady L 1 · 0⤊ 0⤋
That's pretty much standard for a lease. I've seen as high as $50 after the COB on the 1st/$5 a day for deliquent payment, eviction process after 7 days.
2006-08-13 18:17:11 · answer #7 · answered by xtowgrunt 6 · 0⤊ 0⤋
Yep, I think she can. Just do not be late on the rent and she wont be able to charge you for late fees. If that is what you are talking about.
2006-08-13 18:12:23 · answer #8 · answered by Tony T 4 · 0⤊ 0⤋
I think she can only charge a certain percent of the rent, in late fees.
2006-08-13 18:21:21 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The law varies a lot depending on where you live.
You don't state this so no one can give you a definitive answer.
Is there rent control where you live?
What kind of unit do you rent?
2006-08-13 18:20:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋