Can my landlord do this?

Question

When you have a late charge accrued to your rent if not paid by the fifth of the month, the landlord takes the late charge out of your rent payment and then you accrue another late charge because your rent is short and not timely again. Can he do this? And also, he's so aggressive about this procedure but yet his maintenance staff are horrible when it comes to repairs in the apt. I have paint chipping in the bathroom and other areas of the house, living room windows don't close all the way and the list goes on and on. How should I handle this without getting evicted about speaking up?

Answer 1

Did you sign a rental agreement that clearly spelled out what the late rent charge is?

Yes he can. You are causing more work for him in having to look for rent late every month. He never knows if you're actually going to come through this time or if he needs to serve 3 day notice, file unlawful detainer etc.

Now, if you dont pay on the 5th and he gives you a 3 day quit, he cannot accept the payment then subtract the late fee, then proceed with eviction bacause you technically did not pay full rent. A judge will not allow eviction for "short" rent due to late fees being applied first.

He can also keep track of your lates and subtract them from your deposit when you leave and they can also be added to a judgement if you are evicted. If your deposit is eaten up by late fees then you leave a thrashed apartment when you leave, he will make a small claims judgment of what the balance of your deposit didnt cover.

We rarely have this issue because we offer our tenants a discounted rent if they pay by the 3rd. Renters like to pay $50-$75 less each month but they dont like paying more for being late...
it's silly psycology or symantics but it works every time. Think of it this way - your ontime rent is 400. Your late is 450. Condition yourself to think of your rent as 450 but that you'll get a discount of $50 if you pay by the 5th. People like to save $ but hate penaltys.

As far as the stuff that needs fixing. Notify in writing. If they are not health and safety you're pretty much at his mercy. Legally, He's not obligated to provide you a perfect place to live in.
If it's not to your standards I would recommend moving. He's not going to change the building to suit your standards, he only has legally obligation to abide by health and safety standards. All those other standards you believe should be there are controlled by the amount of rent one is willing to pay.

Good Luck

Answer 2

Two questions here.

First, yes, the landlord can remove late fees from your rent payment. This is the way that most "billers" work. For example, if you own a house, your mortgage payment FIRST goes to pay off any outstanding amounts due. Then, to pay any fees associated with lateness. (These two might be reversed). Then to interest. And finally to principal. So, renters, you aren't alone.

You should ensure that you include enough extra in your payment to cover any amounts owed (past due) PLUS late fees/interest PLUS what's due this month.

However, if your lease says otherwise, then you are both bound by THAT. I'll bet it doesn't, though.

Your second question has to do with non-responsiveness of repairs. If there are safety issues, you can report the landlord for violations. A court will then mandate that he repair these items.

For other issues (or if you want to take a first step before reporting him), write a polite letter that states the items needing repair. Indicate that you wish that all the items by remedied by ____ (I suggest you give 2 months, unless there are safety problems). If he fails to respond with a counter-offer and then fails to meet the request, you can take legal action. Check your city or state to see if there is a renter's protection office (usually within consumer affairs or the AG's office).

You cannot be evicted, unless YOU screw up. However, given that you've been late on a payment, the landlord CAN take action against you. Had you raised these issues while you were a perfect tenant, the law would have protected you.

Answer 3

start taking pictures of the disrepair so that you always have that as evidence if needed. then write a polite letter to the landlord requesting the repairs and keep copies of all letters you send and a date book keeping track of all things concerning the apt. if possible suggest to the landlord that you will repair something at your cost to get your rent caught up and so that you will quit accruing late charges. most landlords will go for this if you are and have been a good tenant because good tenants are hard to come by and they usually want to keep them. there are a few that are just slumlords and they just care about the money coming in and are not going to put a dollar out of there own pocket unless they have no other choice. if it doesn't look like its getting better i would move.

Answer 4

As a Landlord that does this late charge thing as well, and also have not been the greatest at my end, I tend to be leanient on my tenants, as they are with me.
Talk to the Landlord explain that you are leanient and hope that he would be too.
I just dealt with a Tenant that was way behind on rent with $1,400 of late fees added up. Personally I take the rent owed and charge late fee from that and diddn't charge any late fee from the late fee unpaid or the fees would have been alot more. I even gave a break on the total of this charge for the tenant taking on some miner fix it jobs that was my responsibility.
Good relations is good for both sides. When you have a good tenant that just goes through a bad time, it's worth it to keep them. So if your Landlord is thinking right, and you are a good standing tenant otherwise, he'll let up a little and not be so business like with it.
And yes, your Landlord can do this, but as I said, will likely be reasonable. I wouldn't reccomend fighting legally if he is doing his end fairly descently, just work on paying your bill on time. Good Landlords are hard to come by as are good Tenants

Answer 5

Yes, he can do that with the late charge. You need to get the repairs you need in writing and give it to the landlord. But, I would get your rent up to date, plus the late charges taken care of. Try to stay on his good side if you want to continue renting from him. It is your responsiblity to be on time with your rent.

Answer 6

Yes he can.

This method is no different than any installment agreement a consumer would have. You are required to pay on a timely basis.

The issue of poor maintenance is not a legal reason to make slow payments.

Check to see if your city/state has a Commission/Board that advocates for renter's rights and see if they will look into the matter for you.

Answer 7

Put your repair requests in writing, and send via certified mail, return receipt requested. He can (In TX anyway) keep accrueing late fees if you havent paid in full. But if he's this much of a slumlord, why dont you move and go somewhere else? Why put up with it?

Answer 8

Please read "The Truth in Renting". It is very helpful. What state are you in, because things like late charges vary by state. I am in NJ and only know about NJ.

Answer 9

Try the website for the city you reside, sometimes they have tenants rights info there and that will tell you the real deal.

Answer 10

maybe if u paid everything on time u wouldnt have to worry about it?
and maybe if u paid everything on time - he would actually get off his lazy *** and get ur **** fixed.