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Old 05-05-2010, 03:57 PM
 
10 posts, read 25,669 times
Reputation: 10

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I been searching for hours and just cant find the answers. So I am trying here.

I had a $1200 deposit with my landlord. He is saying he is keeping it because of late fee's. The late fee is $160. I was late 8 times. That comes to $1280

In my rental contract is does say there is $160 fee for being late. But, is that even legal to charge so much? My monthly rent is just $780.

When does he have to notify me to pay the late fee? He never said anything about it. He never sent me a notice. I was often late. I didnt think he was charging me the late fee as he never once mentioned it. He often came to me, called me demanding rent, asking when i was going to pay rent. He had ample times to tell me he was charging the $160 late fee, he never did.

I am on housing. I only pay $64.. of the $780. Does this factor into it at all?
He money grubbed for his $64, when ever i was late. How come never mention the late fee's? Does he have to give notice or send a bill?

ALL but $64 of my rent was ALWAYS paid on time. Can he charge me $160 for me paying $64 of the rent late?
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Old 05-05-2010, 04:24 PM
 
Location: Southern Oregon
2,996 posts, read 4,592,847 times
Reputation: 3294
Nykee, Just google Oregon Landlord Tenet laws, you landlord has to asses late fees at the time the late rent took place. He also must notify you in writing that this action is being done at the time of the late rent, even if it is spelled out in your rental contract. You need to know your rights as a renter, like I said check out the landlord tenet laws.
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Old 05-05-2010, 07:17 PM
 
Location: Eugene, OR
231 posts, read 740,510 times
Reputation: 223
Clearly, your landlord is trying to steal money from you by being aggressive and unfair. You need to:

a. Keep cool. Don't try to "take revenge" in any way at all. That will only hurt your case and help his case.
b. Stop communicating with the landlord directly. He may try to trick you into making statements that are not in your best interest.
c. Contact a legal aid service (see links below). Don't drag your feet. Do it now. They will show you how to send the proper legal papers to the landlord. They may help you fill out the papers or even make a phone call to the landlord on your behalf.

Here are some useful links for you:

Oregon and Lane County Resources and Links

Lane County Legal Services Programs (http://www.lclac.org/Programs.htm#lclac - broken link)

Legal Aid

Good luck!
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Old 05-05-2010, 08:38 PM
 
Location: Lakewood OH
21,697 posts, read 25,984,903 times
Reputation: 35724
Do contact an attorney but from my experience I can tell you that there is no limit as to what can be charged as a late fee.

It is not his obligation to notify you. It is your responsibilty to pay it on time or if you don't; pay the late fee. If it is in your rental contract he doesn't have to "notify" you any more than he has to "remind" you to pay your rent on time. Being "often late" without any explanation or notification to him really makes you look irresponsible. Your reasons may have been prefectly fine but to ignore the situation puts you in a bad light.

Was he demanding it when it was due or when it was overdue? Why did he feel he had to do this?

You had better contact the housing authority. They will need to know the details of the situation since they are invovled.

Again why did you violate your rental contract time after time? Far be it from me to defend any landlord but you have contradications here that make you appear to be irresponsible. Maybe someone from the housing authority will be able to straighten it out. He is not "grubbing" for what is written in a contract and agreed upon.

You said earlier that you were often late; 8 times to be exact. Many landlords would have evicted you that many instances. Before you contact an attorney or the housing authority be sure you get your story straight.
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Old 05-05-2010, 08:58 PM
 
Location: Portlandia "burbs"
10,234 posts, read 15,113,427 times
Reputation: 25961
Whatever the outcome, hopefully you will keep this experience filed under "Lessons Learned" and demonstrate more responsibility with your next living arrangement. Assuming that you were already late when your landlord repeatedly confronted you for payment, he shouldn't have to go through all that hassle. You do not want "slum tenant" in your credit report.
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Old 05-06-2010, 11:41 AM
 
10 posts, read 25,669 times
Reputation: 10
Quote:
Originally Posted by Terryj View Post
Nykee, Just google Oregon Landlord Tenet laws, you landlord has to asses late fees at the time the late rent took place. He also must notify you in writing that this action is being done at the time of the late rent, even if it is spelled out in your rental contract. You need to know your rights as a renter, like I said check out the landlord tenet laws.
Thank you! I figured this was true. But I cant find where to reference the actual rule or law. Do you have a link

I DID google the tenant laws and it pretty much says he can charge what ever most other landlords in the area are charging, yet none of it goes into enough details to cover my other questions.

Last edited by nykee; 05-06-2010 at 11:57 AM..
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Old 05-06-2010, 11:43 AM
 
10 posts, read 25,669 times
Reputation: 10
Quote:
Originally Posted by Minervah View Post
Do contact an attorney but from my experience I can tell you that there is no limit as to what can be charged as a late fee.

It is not his obligation to notify you. It is your responsibilty to pay it on time or if you don't; pay the late fee. If it is in your rental contract he doesn't have to "notify" you any more than he has to "remind" you to pay your rent on time. Being "often late" without any explanation or notification to him really makes you look irresponsible. Your reasons may have been prefectly fine but to ignore the situation puts you in a bad light.

Was he demanding it when it was due or when it was overdue? Why did he feel he had to do this?

You had better contact the housing authority. They will need to know the details of the situation since they are invovled.

Again why did you violate your rental contract time after time? Far be it from me to defend any landlord but you have contradications here that make you appear to be irresponsible. Maybe someone from the housing authority will be able to straighten it out. He is not "grubbing" for what is written in a contract and agreed upon.

You said earlier that you were often late; 8 times to be exact. Many landlords would have evicted you that many instances. Before you contact an attorney or the housing authority be sure you get your story straight.

I WAS irresponsible. I admit that.
I paid on time eveymonth the first year.. then one month my rent was lost in the mail. I didnt feel comfortable sending it any more. But I found out he didnt have an office anymore and would only accept rent thru mail or in person, so i would try to get him in person, which he said was fine. For the next year this is how i ended up being late about 8 times. AT the time my rent was $23 a month. Im sorry i didnt think it was THAT important to MAKE sure I got him paid by the fourth. He often came to town and so i would just wait until he did. (he lived in another city)
He always came a calling for his $23 dollars so I didnt worry about it.
Even when my rent switched to $64 I was never late because I didnt have it. I just didnt like that our only option was to mail it and NOT receive receipts.

I know it was my responsibility to pay and pay on time.
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Old 05-06-2010, 11:54 AM
 
10 posts, read 25,669 times
Reputation: 10
Quote:
Originally Posted by Mr Eugenified View Post
Clearly, your landlord is trying to steal money from you by being aggressive and unfair. You need to:

a. Keep cool. Don't try to "take revenge" in any way at all. That will only hurt your case and help his case.
b. Stop communicating with the landlord directly. He may try to trick you into making statements that are not in your best interest.
c. Contact a legal aid service (see links below). Don't drag your feet. Do it now. They will show you how to send the proper legal papers to the landlord. They may help you fill out the papers or even make a phone call to the landlord on your behalf.

Here are some useful links for you:

Oregon and Lane County Resources and Links

Lane County Legal Services Programs (http://www.lclac.org/Programs.htm#lclac - broken link)

Legal Aid

Good luck!
Very Good Advice!

I am not actually moving out. There is a change of ownership going on and he is trying to tell the new owner that I dont have any deposits when I in fact have 1200$ in deposits. I proved with receipts that I paid deposits and my landlord came up with the late fee excuse. My new lanlord is now expecting to have deposits. Its like Ill be paying twice.
I feel ooogy about seeking legal advice or measures. I always have. I have let people get away with things because the thought of any civil actions makes me feel uncomfortable. But I need that money if I ever want to be able to move out again. I worked hard for that money. That is A lot of money to me. I keep my house in order JUST so I can get it back someday. So this time I just MUST seek legal advice. Im just so affraid ill go for it and in the end be told "too bad, so sad"........... I cant stand the thought of that. But TRYING is always better than doing nothing. grrr with myself.

Thanks again!
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Old 05-06-2010, 11:59 AM
 
10 posts, read 25,669 times
Reputation: 10
Quote:
Originally Posted by Bluesmama View Post
Whatever the outcome, hopefully you will keep this experience filed under "Lessons Learned" and demonstrate more responsibility with your next living arrangement. Assuming that you were already late when your landlord repeatedly confronted you for payment, he shouldn't have to go through all that hassle. You do not want "slum tenant" in your credit report.
Oh yes totally I have learned my lesson. I dont care what I have to go thru to get him rent, I will do it on time. Even if he acts like its no big deal even if he says its ok to be late.. I will NOT give anyone an excuse to keep my money.. ever again!

Thank you.
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Old 05-06-2010, 09:53 PM
 
Location: Oregon
849 posts, read 1,512,297 times
Reputation: 896
wow! you say you are on housing? that's section 8? First of all, this late fee has to be told to you in the Rental Contract or any Addendums the landlord has given out. Secondly, he has to send a copy of those to the Housing Authority. If not, then probably none of it is legit, but you need to ask your worker about this. You should immediately talk to your housing worker and explain the entire situation. Put it down on paper. You can make a copy of it and send via snail mail if need be. This landlord sounds like a total scammer trying to take advantage. You should also talk to Legal Aid, as this scammer may have to pay back something for scamming. But be very careful, as you don't want him finding out and evicting you. Just do things carefully, stay safe . You are very blessed to be getting a new landlord, i think! and tell the new one later, why your rent was late because you do have reasons.
So how many days were you late each time? usually you get til the 5th to pay before there is any late fee. Also, yes 160 seems very steep, NOT the usual amount in the local area I would bet.

Is this HUD apartments by the way? because if it is, then call the local Portland HUD office. It's totally illegal what this guy is doing, it appears, from what I have read in the past. What is the name of the apartments and landlord? you can message me privately if you don't want it on this public board. I might be able to give you more info. i'm no attorney, just have about 20 years experience in renting via housing, and some education too.
Legal Aid offices often give help for low income renters faced with bad landlords like this one. There may be more info online too, go to the Portland Housing Authority website to see if there's any info or numbers to call etc. I assume you are in Portland, Oregon.
here's the link:

section 8: here's Eugene housing: HACSA WWW



here's portland, for anyone else out there: HAP - Section 8 - Contact Information Menu (http://www.hapdx.org/resident/sc8contact.html - broken link)

here's all-Oregon legal aid: Oregon Legal Aid Offices

here's the (oregon) Community alliance of Tenants (CAT): Community Alliance of Tenants | Renters’ Rights Info

Last edited by 2bpurrfect; 05-06-2010 at 10:24 PM..
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