Can a landlord ask for back late fees after they have acumulated over time?

Question

My friend (a widowed mother of six young kids) was just told by her landlord ,that she had to pay late fees that have acumulated to over $1000. her checks have always came after the first and he has never complained or asked her to pay the late fee. there is a late fee callled for in the rental agreement. Can he let them acumulate and then demand them? He did this right before Christmas!

to answer some questions. a couple of the kids are from her first husband who pays child support, and she recieves SS from the one who is dead. She lives in OR.

Answer 1

It would have helped a lot if you told us where your friend lives. Many places have laws regarding late fees (amount, demand, etc).

The fact that it is in the lease does not make it enforceable if it is contrary to state law.

Without this crucial information, you are just getting peoples opinions and not facts.

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Here is the law in Oregon:

90.260 Late rent payment charge or fee; restrictions; calculation. (1) A landlord may impose a late charge or fee, however designated, only if:

(a) The rent payment is not received by the fourth day of the weekly or monthly rental period for which rent is payable; and

(b) There exists a written rental agreement that specifies:

(A) The tenant’s obligation to pay a late charge on delinquent rent payments;

(B) The type and amount of the late charge, as described in subsection (2) of this section; and

(C) The date on which rent payments are due and the date or day on which late charges become due.

(2) The amount of any late charge may not exceed:

(a) A reasonable flat amount, charged once per rental period. “Reasonable amount” means the customary amount charged by landlords for that rental market;

(b) A reasonable amount, charged on a per-day basis, beginning on the fifth day of the rental period for which rent is delinquent. This daily charge may accrue every day thereafter until the rent, not including any late charge, is paid in full, through that rental period only. The per-day charge may not exceed six percent of the amount described in paragraph (a) of this subsection; or

(c) Five percent of the periodic rent payment amount, charged once for each succeeding five-day period, or portion thereof, for which the rent payment is delinquent, beginning on the fifth day of that rental period and continuing and accumulating until that rent payment, not including any late charge, is paid in full, through that rental period only.

(3) In periodic tenancies, a landlord may change the type or amount of late charge by giving 30 days’ written notice to the tenant.

(4) A landlord may not deduct a previously imposed late charge from a current or subsequent rental period rent payment, thereby making that rent payment delinquent for imposition of a new or additional late charge or for termination of the tenancy for nonpayment under ORS 90.394.

(5) A landlord may charge simple interest on an unpaid late charge at the rate allowed for judgments pursuant to ORS 82.010 (2) and accruing from the date the late charge is imposed.

(6) Nonpayment of a late charge alone is not grounds for termination of a rental agreement for nonpayment of rent under ORS 90.394, but is grounds for termination of a rental agreement for cause under ORS 90.392 or 90.630 (1). A landlord may note the imposition of a late charge on a notice of nonpayment of rent under ORS 90.394, so long as the notice states or otherwise makes clear that the tenant may cure the nonpayment notice by paying only the delinquent rent, not including any late charge, within the allotted time.

(7) A late charge includes an increase or decrease in the regularly charged periodic rent payment imposed because a tenant does or does not pay that rent by a certain date. [1989 c.506 §15; 1995 c.559 §8; 1997 c.249 §30; 1997 c.577 §9a; 1999 c.603 §12; 2005 c.391 §16]


Basically, as long as they got her payment on or before the 4th of the month, there is no late fee allowed. And if she doesn't have a lease which specifies that there are late charges, they are also not allowed.

The statute does not address any sort of time limit for demanding payment.

Answer 2

U have some good answers, but not all r correct or r missing a key issue. In the lease there should be a place where it states the maximum that can be chrged in late fees per month. How many months late is she, did the landlord deduct the fees 1st and then let the fees accumulate on the late rent, this all needs to be cked. he may be double chrging, this lease needs to be fully read! Seems no landlord would let $1000.00 accumulate there r some key issues missing here, such as did the landlord give her a time frame & she did not comply, has she been given notices, I bet she has and kept paying enough to keep the landlord from filing eviction, if this is the case and she broke her word or has strung the landlord along,using her children for example for sympathy. I know this sounds awful but is this landlord the owner or just a representative 4 the ower? If just a rep he is doing what he is told to keep his job. Has she went in the office ro have a talk, seems to me still this is not late fees but really rent balance. In most states fees r removed 1st leaving rental balance. Again I stress this lease needs to be read and reread!!!! Also there r organizations that will help her, she needs to contact all she can asap, they will even call the landlord and let them know how much they will give. Great places for help r churches she does not have to be a member, there should also be some organizations avail. I dont know what state u r in, but most have not just social services, but other places that help with a percentage of rent. She may have to go to all, some give $100 some give more it all adds up. Also if she is getting a monthly ck. has she ever tried having her lease amended if possible with a change of late fee date? Since the ck is a guarantee to the landlord there may be that possilbilty, but then again maybe not, if all residents have the same rules it would be a problem. One more thing how long has she resided there? If not long this may not help meaning she is late always. I hope this helps, I wish ur friend the best! HAPPY HOLIDAYS TO ALL!

Answer 3

The management company was not on their JOB. The tenant should have been given a sixty days notice to move with no reason months ago. By law you can give a sixty days notice without stating a valid reason for the notice. If the tenant moves within the sixty days they will not be evicted or considered as a bad tenant. They still owe the rent that is past due, but we would work with them to pay off the balance. They probably felt sorry for her because of the kids.

How many times has this person been late with her rent in the past year? How many months ago did her husband die?

Has your friend tried to get a loan or borrow the money from some organazation that helps families with dependent children. Has the mother contact the school where the children attend to see if they know of any place or person that can help them.

Sometimes when a person is going through a depression they just drop everything, because they have a secret death wish. Life sometimes can be over bearing.

I worked for a property management company and we manged 725 apartments. What we would have done when the tenant said that her check comes after the 1st of month, we would have contacted her social worker. If they could not change the release date of her monthly allowance, we would change the due date. We would have her to sign a new rental agreement, changing the due date to the 10th or 15th of the month. We would prorate the days, and the first new rent amount would be more (one month plus the additional days).

Since this person has six children, do they all have the same father? Did her husband have any type of support payments from his job for the kids?

Answer 4

It's kind of unprofessional to let the late fees accumulate but it's totally legal. If she was not paying on time and the lease calls for a late fee, she's liable for it. It probably came up at this time of year because it is the end of the fiscal/financial year and the landlord is settling the books on 2006 and wants to get that money applied to 2006 income.

Answer 5

That is a bummer occurring right before Christmas. It is at the end of the year, so maybe that is why he waited until 12 months had gone by. If that was in her rental contract, then it probably is owed. Sorry to hear this is happening to her, but she is the one that was late on the payment and, therefore, is responsible to pay them.

The landlord has bill to pay concerning the unit that is being rented. It is a business with him. His payments are due by the first of the month, or he pays late fees. Just understand that it is a BUSINESS he is running.

Answer 6

This is crappy, but it is fully legal. If she's not paying her rent as the lease states, she may have penalties.
As for the previous answer from the rental management company, please note that if the landlord asks many of the questions, he can be hit with a discrimination complaint.

"Since this person has six children, do they all have the same father?"

Wow, she could only hope that the landlord asks this question in writing - she'd be able to get a sizable settlement from him. Flagrant discrimination.

Answer 7

she should document when the checks were actually written and sent. If the lease says that late fees are incurred, he must also notify her in writing everytime she incures a late fee, if she wasn't notified in writing then she is not obligated to pay the fees for more than a reasonable time back, usually 3-4 months of rent. anymore time than that and he is passed the reasonable time to collect the fees, and he's out of luck.

Answer 8

Goldshire1 is authentic. A landlord can no longer wait till the top of the condo era to word late expenses. He needs to bill you while late expenses happen. Then in case you do no longer pay he ought to deduct it from protection deposit. i've got in my opinion been in courtroom in this rely in ny and the owner lost.

Answer 9

I would call the tenants union and ask, but he needs a lesson in kindness.