my landlord charges a late fee of $25 if rent is payed past the first. now he is refusing to give me my security deposit because my late fee balance outweighs the amount of the original deposit.
i was never notified that i owed any kind of late fee or that such a late fee was taken out of my next months rent (making that one short). also, i paid $2.50 more than the actual rent due every month by mistake.
does he have to notify me of such things? also... my security depoist was $362.50 and he claims i payed the rent late 9 times. to me that is only $225.00. can he charge interest for this b/c i didn't pay the late fees?? (even though he never notified me their was one due) also... can he pocket the $2.50 more i paid every month in error without ever notifiying me that i paid more than i owed??
2006-10-15 04:06:17 · 8 answers · asked by kathryndolores 1 in Business & Finance ➔ Renting & Real Estate
Did you sign a lease? If so you need to look over it very carefully. There may be something in the small print about a late fee and the deposit issue. If not i would see a lawyer. I hope you kept all your rent receipts or canceled checks.
2006-10-15 04:11:08 · answer #1 · answered by flowergirl1994 3 · 0⤊ 0⤋
In your lease look under the claws that states "rent and late fee" If the rent is due on the first ( like most places do) there is a small grace period from 3-5 days depending on the landlord. Also make sure on the lease it states what the exact rent is posted on it and check your receipts that you should have gotten from them for your rend. The landlord can not by law keep that money from you. Should have told you that you have over paid or taken it out of your next months rent.
As for the late fees. I would double check on the late fee part again in the lease and see where it states the cut off time of days is before you get charged a 25 dollar late fee. Check your date on your receipts and see if you were actually late and if you have for example 5 days after the first to pay and you pay on the 4th that is not late. You have a grace period of 5 days from the 1st to pay your rent so that would make it the 6th of the month to have it there in hand on time and can not be charged a late fee. Also late fees are tacked on to that months rent at the time. Not taken out of the rent the next month. Cant do that. Check out your tenant / landlord laws that are public online for your state. More info there.
2006-10-17 21:07:52 · answer #2 · answered by lostbabydoll4u 1 · 0⤊ 0⤋
If you didn't read your lease agreement before you signed it, which is something you definitely should have done, it sounds to me like you need to read it now. Whatever is in the agreement, providing it is not illegal, stands. If there is a clause that states that a notice of late fees is required, you may have an out. If the landlord has done anything that breaks the agreement, then you have a right to contest it. Unfortunately, hiring a lawyer will cost more than the amount in question.
2006-10-15 04:22:35 · answer #3 · answered by kidd 4 · 0⤊ 0⤋
money owed is money owed, era. You owe your landlord funds, subsequently he has each top to evict you. He would not could desire to settle to your "small funds;" he can call for the finished quantity at as quickly as. understand you have not been evicted yet. Your landlord is being extremely beneficiant here; the utmost any state makes it possible for pay-or-stop notices it 10 days, maximum actual require in basic terms 3-5. 14 days to pay up is an severe kindness on your landlord's area, extraordinarily his extra sixteen days which you will actual vacate. Pay up or get out. it quite is that straightforward.
2016-11-23 12:53:54 · answer #4 · answered by rubinstein 4 · 0⤊ 0⤋
Find and check with your local "legal aid". They will look over your rental agreement and give you the best advice. It may involve writing a letter to request/demand that the correct amount of deposit be returned (check with Legal Aid to see who is in the right on this) and the landlord may be liable for more than just the original amount of deposit if he/she is trying to rip you off. Good luck.
2006-10-15 04:24:48 · answer #5 · answered by branchcaptain 3 · 0⤊ 0⤋
I am on the board of directors of my co-op and if the rent is late a notice is sent out and if there are outstanding arreers then we proceed with eviction. It sounds like you might want to look for the rent tribunal or landlord/ tennant support agency in your area.
Hope this helps
Cheek
2006-10-15 05:12:13 · answer #6 · answered by cheekygurl 1 · 0⤊ 1⤋
The late fee should be reflected on the reciept.
Sounds like he is pocketing the money and not reporting it as income to the IRS.
2006-10-15 04:16:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I assume you have a lease. Read it. This piece of paper will give you all your answers.
My question is, how could you not know you were paying your rent late?
2006-10-15 04:15:11 · answer #8 · answered by mrscmmckim 7 · 0⤊ 2⤋