advice about rent late fees...... (Evans: 2009, rental, unemployed)

[rwundy]

So my wife, my son and I live in Evans in a rental home. We have been here since Feb. Of 2009 on a 1 year lease. Being this far into the lease I have explained to my landlord that my pay periods are not the 1st and the 15th and she has been flexible with our rent payment. The lease does state that there is a 25 dollar late fee after the 5th of the month. However, the amount of times that we have submitted our rent is substantial in retrospect to our lease. Now in october, 9 months in, she decides that she is going to charge late fees and being 5 days late, this total is $125. I have been unemployed since feb and just found a part time job, I do not have the money to pay for this. Is this legal in reference to an expressed contract or somethin to this effect? Any advice is greatly appreciated! thank you so much. I would love to hear opinions as well.

[2bindenver]

What is written in your lease, that you signed?

[whirnot]

If the written lease says late after the 5th and you signed it, that's what it is. She may have been flexible in the past but that does not mean she has to be. You say you have been out of work, were all payments made, and at essentially the same time? If not that might explain the "change of heart"