Is it fair to pay a late fee??

Question

My landlord knows my husband lost his job two months ago and has been working at a labor finder place to just pay the rent and basically get by up until he finds another good job. We have four small children, so I have to stay at home to watch them. My landlord insists on charging us a late fee- 10% of whatever we are late even though our expired lease says after 10 days we have to pay the fee. She claims it is because we have been late for a few months now and gas is expensive that she has to come to pick up the late rent. Late by less than 10 days every month too (always either 7 or 8 days). Our lease expired a year ago and the landlord has failed to make another one. Thank you for your answers!!!

The landlord never gave us a new lease to sign or never told us to get out after the lease was up (a year ago).

I MUST ADD:
She comes to pick up the rent because many people have moved out on her without notice and everyone who rents from her knows that. She is mostly paranoid in picking up the rent. Everyone I rented from has it mailed to them or drop it off at a rental office.

Answer 1

You seriously need to start looking for a place to rent that you can afford to pay the rent on time.

You do not need a new lease in effect or have any copies of such in order to be held entirely obligated to the rent. Furthermore she can raise your rent and your late fees to the max that the law will allow in your state.

Typically when people face hardship such as yours they are at least able to keep food on the table and the rent paid. If you can't it's time to move into a families home while you get back on your feet. Or go to the local social services and ask for help from them, at least food stamps to help with food.

Back to your rental, you owe the rent on the first and are overdue on the 5th she is waiting to charge the late fee until after the 10th. The fact that she is only charging you a late fee on the portion of rent that you are late is a kind act. For her to drive over to get the rent is a kindness on her part. She is certainly not obligated to do so and does so just to be nice and because she needs the rent to pay for the building.
I suspect that you are soon to find your problems greatly increased with an eviction notice and a 30 day pay or quit notice. It simply means this is not a charitable foundation!! This is a business and rents must be received in a timely fashion or else the contract is voidable by the landlord. You are in a month to month rental at this point so she owes you only a notice to move to get you out. Then it is her legal right to evict you for late payment.

Answer 2

Well the old lease is generally considered in affect still. Is this what you agreed on in the lease? Most states have laws about actually how late you have to be before they can charge you a fee. Every state I have lived in (5 now) has had a five day late 10% late fee. Whether or not it is fair or not is a moral question etc. Why don't you agree to mail her the check on the fifth of the month and date the check for the 8th--she'll save her gas.

Answer 3

if your expired lease states you have a grace period of ten days before late fees are applied, when your lease expired last year you reverted to a month to month tenancy with the same terms from your year lease

either party can terminate with month notice, landlord can change the terms of the lease with a month notice but just can not start without notice to change the terms as she feels like it

now if you argue with her, she could give a month notice to end the lease and you will have to find another place to live while your husband is looking for a new job could place un due stress upon your family, hence best bet maybe to try and catch up and try and pay the rent on the 1st to avoid her late fee,

Though depending on what state and your landlord finical position she may not want a vacant unit in winter but that card depends on if you can find another place for if she calls your bluff

Answer 4

You would still have a tenancy of sufferance which is a lease after it is expired. Which means you would still be held to the original terms of the lease until a new one was issued or you left. If the original lease says you have a late fee after 10 days you shouldn't have issues with being late 5 days. **tenant law is different in every state**

Answer 5

First off, i dont understand how a lease expires.
You live in the place until the lease term is up...then you either sign a new one or get out. Also, if you are late you should expect to pay late fees. Believe me, landlords don't care much about the extra fee, they just want the rent payed on time. Why? Because they have to pay the bank. So once in awhile is not a big deal, but paying it late evey week is sure to piss them off fast.

Answer 6

She seems like an incompetent landlord. She shouldn't charge a late fee in a manner that is inconsistent with your lease. Furthermore, this expired lease is problematic for both of you. Technically without a lease she can give you a notice to quit (make you move).

Answer 7

Even if the lease has expired, it serves as a rental agreement as far as the other terms, unless you've agreed otherwise. She cant charge you more becuase she thinks her gas is more expensive. Draft her a letter citing the orignal late payment terms and send her only that amount. Tell her if she wishes to change the terms you need a new rental agreement.

Answer 8

Well if you're not in a lease, he can pretty much do what he wants, but so can you. There is no legal agreement either way so nothing will hold up in court. I would actually talk to a law office. They should be able to give you a free evaluation of the situation and tell you your options.

Answer 9

If there's no new lease, the old one stands, except that you are now "month to month", and may only need 30 days vacate notice.

If your old lease gives you 10 days grace period, that's it. She can't legally charge you for paying even 9 days late.

So your only option is to simply refuse to pay it.

Answer 10

NO WAY. You don't have to pay the late fee. In fact there is no late fee unless you are 10 days late. On day 11 you owe a late fee. Until that day, only make out a check for the basic rent, that is all that is owed.