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Old 08-10-2011, 10:03 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,444,658 times
Reputation: 26726

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Quote:
Originally Posted by mrksllvn View Post
i live in boston my rent is $1800 per month for a 3 bdrm heat included -??? im charged $250 if my rent is late is this legal
I suggest you google "MA landlord tenant laws" but here's an excerpt from one MA government source which is repeated in several others where MA laws are concerned, viz:

"Late Payment Penalty
A landlord cannot charge interest or a penalty on late rent until 30 days after the due date. However, the landlord can begin the eviction process immediately, even if the rent is only one day overdue. The landlord also cannot use a reverse penalty clause to encourage you to pay early. For example, it is illegal for a landlord to reduce the rent by 10% if the rent is paid within the first five days of the month."


Of course this doesn't address the issue of whether a $250 late fee is fair and legal but if you do a little digging through the statutes you'll probably find a reference which will help - or ask an attorney.
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Old 08-10-2011, 01:17 PM
 
Location: Heart of Dixie
1,298 posts, read 2,231,791 times
Reputation: 1604
Quote:
Originally Posted by win592 View Post
[SIZE=2]Here's what happened:[/SIZE]
[SIZE=2] [/SIZE]
[SIZE=2]My rent is due on the 1st with no grace period. I deposit the money directly into my landlords bank account because she lives out of town and has said that is what she would like. I'm fine with that. I paid my rent on the 28th. [/SIZE]
[SIZE=2]Unfortunately my check bounced. She called me and notified me that it had bounced and that she had checks of her own riding on my check that bounced as well. She then told me that I would have to pay her for all of her bank fees, not only for my check bouncing but all of her checks that she had riding on my check that bounced as well. I didn't think this sounded right so I checked my lease and of course it only states that I have to pay a $25 NSF fee for my check. I called her and told her that I had read the lease and deposited the $25 dollars in her account. She then told me that there is a $25/day late fee and until my check clears her bank those fees are adding up. I checked the lease and it says, " The Tenant will be charged an additional amount of $25 per day for any Rent that is received after the latter of the due date and the expiration of any grace period under the Act, if any." By the time my check clears her bank it will be the 11th and cost me $225.[/SIZE]
[SIZE=2]My questions are...[/SIZE]
[SIZE=2]Can my landlord charge me a late fee because my check bounced. Technically I paid my rent the 28th~ on time.[/SIZE]
[SIZE=2]Also if she can charge me a late fee, I have read that late fees are illegal in CA but also read that they are legal if reasonable. So if they are legal is $225 reasonable.[/SIZE]
[SIZE=2]Also she is saying the late fee is racking up until my check clears. Not when I deposited the money into her account. Can she do that? It's not up to me how long her bank takes to process my check.[/SIZE]
[SIZE=2][/SIZE]

No you didn't. the check bounced. NON-Payment. In my state I also charge $25 a day late fee, however I do allow a 5 day grace period. Writing bad checks is against the law.
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Old 08-10-2011, 01:20 PM
 
Location: Heart of Dixie
1,298 posts, read 2,231,791 times
Reputation: 1604
Quote:
Originally Posted by steel7 View Post
Had your check not bounced you would of never been in this situation. Always be sure you have enough funds in your account to cover your checks. Bouncing a check can be VERY expensive. Balance your checkbook often. Your landlord (like many) is a crook for charging you $25.00 a day in late fees & in ca its illegal. Know the law, move & tell her to shove that check up her ass. I sure would.

A crook? Laughable. It's called pay your bills on time and don't be a loser. otherwise CALL your LL and work something out, If my teneants call me, Ihave no problems... most never do.
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Old 08-10-2011, 01:24 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,444,658 times
Reputation: 26726
Quote:
Originally Posted by round4 View Post
No you didn't. the check bounced. NON-Payment. In my state I also charge $25 a day late fee, however I do allow a 5 day grace period. Writing bad checks is against the law.
Quote:
Originally Posted by round4 View Post
A crook? Laughable. It's called pay your bills on time and don't be a loser. otherwise CALL your LL and work something out, If my teneants call me, Ihave no problems... most never do.

round4, check the dates of the posts you're responding to. The thread has been added to by a new poster who's being responded to.
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Old 08-10-2011, 01:26 PM
 
Location: Heart of Dixie
1,298 posts, read 2,231,791 times
Reputation: 1604
Quote:
Originally Posted by STT Resident View Post
round4, check the dates of the posts you're responding to. The thread has been added to by a new poster who's being responded to.

Ahhhh,,thanks!
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Old 08-10-2011, 02:13 PM
 
11,642 posts, read 23,810,401 times
Reputation: 12270
Quote:
Originally Posted by Bill Keegan View Post
Was this a hidden fee that you didn't know about until your rent was late, or did you sign a lease agreeing to it?
If something is against the law simply signing a paper saying you agree to it does not make it legal.
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Old 08-10-2011, 02:40 PM
 
Location: Martinsville, NJ
6,175 posts, read 12,892,672 times
Reputation: 4019
Quote:
Originally Posted by Momma_bear View Post
If something is against the law simply signing a paper saying you agree to it does not make it legal.
No, but it it wasn't disclosed in advance, it's almost certainly not legal. It's not illegal to charge a late fee, so long as the fee is disclosed and agreed to in advance. I guess it's possible the AMOUNT is above some sort of legal limit, but none of which I am aware.
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Old 08-10-2011, 10:28 PM
 
11,642 posts, read 23,810,401 times
Reputation: 12270
Quote:
Originally Posted by Bill Keegan View Post
No, but it it wasn't disclosed in advance, it's almost certainly not legal. It's not illegal to charge a late fee, so long as the fee is disclosed and agreed to in advance. I guess it's possible the AMOUNT is above some sort of legal limit, but none of which I am aware.
Your first post indicated that if the tenant agreed to it in advance then they should pay it. My answer to you is that if a $25 per day fee is illegal in the tenant's state then it doesn't matter whether the tenant agreed to it or not.
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Old 08-10-2011, 10:44 PM
 
Location: Martinsville, NJ
6,175 posts, read 12,892,672 times
Reputation: 4019
Quote:
Originally Posted by Momma_bear View Post
Your first post indicated that if the tenant agreed to it in advance then they should pay it. My answer to you is that if a $25 per day fee is illegal in the tenant's state then it doesn't matter whether the tenant agreed to it or not.
My first post did nothing but ask a question.
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Old 08-11-2011, 07:03 AM
 
Location: in a cabin overlooking the mountains
3,078 posts, read 4,359,202 times
Reputation: 2275
Quote:
Originally Posted by Bill Keegan View Post
No, but it it wasn't disclosed in advance, it's almost certainly not legal. It's not illegal to charge a late fee, so long as the fee is disclosed and agreed to in advance. I guess it's possible the AMOUNT is above some sort of legal limit, but none of which I am aware.
Depends on the state. In VT the LL has to show a financial loss that is covered by the late fee to justify it. Charging a late fee for the heck of it is illegal. Even if you write it into the lease. Even if the tenant is aware of it and signs. As MommaBear said, if it's against the law, putting it into the lease doesn't make it legal.
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