Opinion on my rent late fee accrual please. (apartment complex, lease) - Washington (WA) - City-Data Forum

ilovesprinklesandketchup · 11-14-2013, 03:14 AM

My lease states rent is due on the first of the month and must be paid within 3 days of it's due date before a late fee of 125 will start . I have a one year lease with this apartment complex. I am seven months in and have never been late on rent. In October, because of my pay period, I did not get paid until the third and money not post in my bank until the fourth. I took a cashier's check out for the amount of my rent and walked it into the office and handed it to the landlord. The landlord stated I needed to pay the additional late fee of 125. I thought I was still within the 3 day time period before a late fee was charged but they said no. The landlord allowed me to make payments, but I did not get that in writing. I was only able to afford 80 until my next pay check in November. Well that time came around and I paid rent in full for November on time as usual. Well the land lord applied 45 dollars of my rent in November to the remainder of October's balance and issued me a pay rent of 45.00 for November on top of ANOTHER 125.late fee... I was scared of being evicted having two young children so I had help from a family member paying the 125. However my mom consulted a lawyer and he said that the way my lease is worded I should never have triggered a late fee for October in the first place meaning I just paid AN extra 250. This is just a lawyers opinion my mom was able to get me. What do you guys think, I'm really nervous because if I can get that 250 back it would help out a lot.

PS90 · 11-14-2013, 07:22 AM

1) I would listen to your lawyer before I listened to any advise on an anonymous internet forum.

2) I would consider finding another place to rent. I did plenty of renting in my time, and most landlords were very reasonable about being a day or two (or in your case an hour or two) late with the rent. Furthermore, every place I had ever rented had at least a five-day grace period at the first of the month to pay. I have never heard of only three day grace, and being strict about the timeline on top of that. My advice - find a better place to rent that has more reasonable management.

nealrm · 11-14-2013, 07:28 AM

I would find another place to rent. A $125 late fee and a 3 day payment period is punitive. You may also want to talk with a lawyer directly.

oregonwoodsmoke · 11-14-2013, 12:21 PM

It wouldn't happen if you would pay your rent when it is due. I suggest that you start a savings account so that you have enough money to pay the rent if your check is late.

If you are late too many times, you will be asked to leave at which point you will need to have the money for moving expenses, which is a lot more saved up than you would need to cover one month's rent.

You can check Washington state law to see what the legal limit is on late fees. It sounds like you got charged in accordance with your lease. Whether the charges in the lease are legal or not, I don't know, but I do know that you wouldn't be having a problem if you had paid your rent on time and paid all the late fee owed instead of just part of it.

PS90 · 11-14-2013, 02:45 PM

Quote:

Originally Posted by oregonwoodsmoke

It wouldn't happen if you would pay your rent when it is due. I suggest that you start a savings account so that you have enough money to pay the rent if your check is late.

If you are late too many times, you will be asked to leave at which point you will need to have the money for moving expenses, which is a lot more saved up than you would need to cover one month's rent.

You can check Washington state law to see what the legal limit is on late fees. It sounds like you got charged in accordance with your lease. Whether the charges in the lease are legal or not, I don't know, but I do know that you wouldn't be having a problem if you had paid your rent on time and paid all the late fee owed instead of just part of it.

I understand what you are trying to do here, but I don't think telling the guy "Don't pay your rent late!" is helping much. I'm pretty sure he already knows that.

It's kind of like telling someone with a cigarette in his mouth that smoking is bad for him...

ilovesprinklesandketchup · 11-14-2013, 04:17 PM

Thank you PS90. For as I have stated, never had I been late for my rent in the previous 6 months or any other place of residence, hence I have never been in this situation before. And when paying last month I thought I was still in my window before a late fee was to be triggered. I completely agree that rent should be paid on time as I always do, but unfortunately life happens and unexpected things came up financially. I guess I'm taking this to small claims court now, because another attorney from the firm our family lawyer practices agreed on that I should not have accrued the late fee. Thank you for your opinions.