Tenants Rights in regards to late fees (landlord, agreement)

[DSL_PWR]

Originally Posted by lmotx

My rent is due on the 1st of each month according to my lease application. I have a grace period thru the 5th day of the month. The initial late fee of $50.00 is charged on the 6th day of the month and $10.00 per day after the 6th day. I paid my rent in full on the 6th day and did not include the $50.00 late fee. My landlord is deducting late fee from my rent and stating I am late on rent and will be charged daily until fees are paid. Is this legal?

Yes, it's legal.

[TVC15]

Originally Posted by Colorful Aries

So the movie "Pacific Heights" COULD really happen!

I have never seen the movie. You guys would be in disbelief on how many threads are started by landlord’s horror stories trying to evict a tenant if you searched the CA forum.

[JLB001]

Originally Posted by lmotx

My rent is due on the 1st of each month according to my lease application. I have a grace period thru the 5th day of the month. The initial late fee of $50.00 is charged on the 6th day of the month and $10.00 per day after the 6th day. I paid my rent in full on the 6th day and did not include the $50.00 late fee. My landlord is deducting late fee from my rent and stating I am late on rent and will be charged daily until fees are paid. Is this legal?

It's Legal. I work in an apartment community, had you brought me the payment on the 6th without including your late fees I would have handed it back to you and asked for you to remit the payment with the late fees included in the form of a cashiers check or money order.

Usually rent is due the 1st-3rd (where I am), considered late on the 4th with a $75 late fee then $10 a day there after until all fees are paid in full as we do not take partial payments for any reason. Should a check be returned by your bank for any reason there is a NSF fee plus any additional late fees that must be paid in the form of a cashier check or money order only.

if you're on a TAA lease it should all be in writing on the first page of the lease.

One thing that everyone that leases on a TAA lease where your sign your lease electronically via an E signature: PLEASE READ THE LEASE as it has VERY important information BEFORE you type in your name. Once you check that you acknowledge and hit send it is a binding legal document.

[JLB001]

Originally Posted by TVC15

I have never seen the movie. You guys would be in disbelief on how many threads are started by landlord’s horror stories trying to evict a tenant if you searched the CA forum.

You should watch it. I am still amazed at what all he did in that house. Good movie too.

[Tcoma11]

If you're having to wait to pay your rent last minute like that, probably time to rethink if you can actually afford the place you live in.

[JLB001]

Originally Posted by Tcoma11

If you're having to wait to pay your rent last minute like that, probably time to rethink if you can actually afford the place you live in.

Not sure why you would think they would need to reconsider where they live.

Stuff happens sometimes that may keep someone from paying on time. Does not mean they can not afford it.
Sometimes people forget, sometimes they may have pay periods that fall oddly, could have car problems or medical emergency..stuff happens. That is why they have a slight grace period at most places along with having late fees.

[tinafay1234]

That's why i saved my money to buy me a house. No more landlord late fees. If i am late on my house note i have a one time late fee payment of 45.00. I am not in the process of making some else rich... You don't know what might happen in your life to cause you to be late on your rent. Stuff happens in life but the landlords today don't care at all... In two years my home will be mine..
No more landlords hassle late fees.... If i was a landlord best believe no late fees just as long as you pay rent before the month ends....

[right]

Originally Posted by tinafay1234

That's why i saved my money to buy me a house. No more landlord late fees. If i am late on my house note i have a one time late fee payment of 45.00. I am not in the process of making some else rich... You don't know what might happen in your life to cause you to be late on your rent. Stuff happens in life but the landlords today don't care at all... In two years my home will be mine..
No more landlords hassle late fees.... If i was a landlord best believe no late fees just as long as you pay rent before the month ends....

[aero100]

Originally Posted by JLB001

Stuff happens sometimes that may keep someone from paying on time. Does not mean they can not afford it.
Sometimes people forget, sometimes they may have pay periods that fall oddly, could have car problems or medical emergency..stuff happens. That is why they have a slight grace period at most places along with having late fees.

The "stuff happens" onetime happened to me in reverse. My duplex landlord was in a panic one afternoon, she had accidentally paid her mortgage twice through "user error" of an electronic payment system. I floated her $4000 bucks for three days while she unwound it since we banked at he same credit union and it was a fast transfer.

It was pretty funny, but weird things happen and not everyone keeps big sums of liquid cash that is instantly available, usually takes a few days.

[cheryjohns]

Originally Posted by aero100

The "stuff happens" onetime happened to me in reverse. My duplex landlord was in a panic one afternoon, she had accidentally paid her mortgage twice through "user error" of an electronic payment system. I floated her $4000 bucks for three days while she unwound it since we banked at he same credit union and it was a fast transfer.

It was pretty funny, but weird things happen and not everyone keeps big sums of liquid cash that is instantly available, usually takes a few days.

That was very nice of you.