Fees not in lease (condo, lawyer, landlord)

[rentertom]

Greetings,
I am a first time visitor to this forum.

I have just moved into a leased condo in North Carolina. Unfortunately, my check for the first month’s rent ($1,000) bounced.

I called the landlord and apologized profusely. The landlord told me that I would need to pay a 5% late fee ($50), plus a ten (10) percent fee ($100) for his bank.

I completely understand the late fee and the lease clearly states: “North Carolina law provides that the “late fee” may not exceed five (5) percent of the monthly rent or $15, whichever is greater.

However, the lease does NOT contain any language regarding payment of NSF or any other fees in the event that a payment, when issued via check, should bounce.

I visited the bank the landlord referred to in our conversation (and mentioned I n the lease). A bank manager sat down with me, verified that the landlord had an account there, and gave a copy of the bank’s fee
schedule.

The bank only charges $12 dollars to their customers when they deposit checks into their accounts that bounce.

Can anyone give me an answer, can this landlord legally expect me to pay ten (10) percent fee on top of the 5% late fee, even if the lease stipulates just the 5% late fee?

Thanks!

[Katie1]

Could be your bounced check caused a few of his checks to bounce. You could ask a lawyer about the fee. IN the future I would give him a money order.

[rentertom]

Yes, going forward, I will pay him with cashier's checks or $ orders.