I pay rent using a pre programmed wire transfer. This has been going on for a year, but I didn't notice that my automatic transfer stopped. Without either myself or my landlord noticing, my bank didn't send rent for 2 months. My landlord finally noticed, and notified me. I immediately sent the sum. Now my landlord is charing my thousands of dollars of interest for late payment. (My landlord is a lawyer and known for aggressive actions.) Is this allowed? I'd really appreciate some help with this.
2006-09-15 04:43:43 · 13 answers · asked by Jasper M 2 in Politics & Government ➔ Law & Ethics
Like what most have said it depends on what your lease says. However, it also depends on the law (contradictory to what Inani said).
I find it hard to believe that you've been charged "thousands" in interest, but for argument sake lets assume you have. Unless you're paying over $10,000 a month in rent, then to have been charged thousands of dollars in interest on unpaid rent might (key word "might") be considered extortion or "unreasonable" in the court of law - whether or not the interest amount is stated in the lease. You could argue that because the interest amount is "unreasonable" considering the circumanstances the court may make you simply pay back the rent owed (which you've already done) or some lesser interest amount.
Of course you'd probably need a very good lawyer, but it could be done.
2006-09-15 04:55:49 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I myself am a landlord. Any interest charge or late fee for late payment in rent can be allowed as long as it is disclosed in the rental lease. If not disclosed, your landlord can not do this and you can take him to court. This aggressive action in court will show to your favor if you have not been late on any previous occasions. First you should talk with your landlord about the situation. Type it in a certified letter and keep a copy for court just in case. and keep it in case another situation arises.
2006-09-15 05:02:30 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It depends on wether or not it's in the lease for him to be able to charge interest on late payments. It doesn't matter what the 'law' says, it matters what your lease says. If you don't have one, then you can get a lawyer, but think about what's going to cost you more.. and pick your battle. You don't want to pay 5000$ for a lawyer if the landlord only wants $2000 in interest.
2006-09-15 04:47:25 · answer #3 · answered by Imani 5 · 0⤊ 0⤋
Absolutely. You should have been on top of things making sure the transfers were indeed being made. Although I doubt THOUSANDS of dollars are being charged for two months rent.
2006-09-15 04:47:53 · answer #4 · answered by Zelda 6 · 0⤊ 0⤋
If you paid as soon as the error was found, you have a case. The bank would be liable for not transferring the money. Take it to court !!!.
2006-09-15 05:23:28 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Read your rental contract. I do not know how much your rent is but thousands of dollars in interest doesn't sound right.
2006-09-15 04:47:10 · answer #6 · answered by scarlettt_ohara 6 · 0⤊ 0⤋
If you are a business owner, I'm not sure. But, if you are renting an apt., home, etc., than you could contact your local tenant union and seek their advice. Sounds like bullsh*t to me.
2006-09-15 04:53:01 · answer #7 · answered by babalu2 5 · 0⤊ 0⤋
one time late payment yes intrest no. check your lease first, then take him to housing court. lawyer or no lawyer the courts usually side with the tenant if they are sincere and honest.
2006-09-15 04:48:35 · answer #8 · answered by milton b 4 · 1⤊ 0⤋
Unless it was disclosed in the rental agreement, he cannot charge you interest or late fees. You'll have to dig up your copy and see what you agreed to.
2006-09-15 04:46:13 · answer #9 · answered by Tifferz 3 · 0⤊ 0⤋
i'm not sure charing is allowed but i know late fees are certainly legal. he has to pay his rent too!
2006-09-15 04:45:59 · answer #10 · answered by jeanne g 4 · 0⤊ 0⤋