Is my rental lease valid/Do I owe late fees (section 8, leasing)

[sherri5560]

I have been leasing this home since October 2011, I haven't had a written lease with my landlord since the original expired in 2012. I signed a NEW lease in June 2016, now my landlord says I owe him for late fees ($428) this includes charges for a processor service ($75) that bought me out a 5 day notice June/8/2016.
I won't dispute the service fee but why do I owe late fees when we didn't have a written contract/lease for rental late fees?
He had agreed to work on a payment plan, but now that I questioned these fees he wants it all right now. I want to move, I have personally seen 6 young men on separate occasions shot with 3 dying right outside my front door, I fear for my 4 grandchildren all under 11 that I am raising, I only signed the new lease because he would evict me if I didn't .I don't owe him any money for rent It has always been paid! Today in the mail I received this notice for payment of late fees dating back to January with the written statement that,

"If you don't have the money now, I suggest you find a way to get it by the due date."( August 31 2016) since you questioned the legitimacy of the late fees, and resorted to silly rationales why you shouldn't pay them I can not work with you on a payment plan." "I will take you to court for late fees and then $1039 will be added to your account balance and you will be found in violation and your lease terminated.Do not contact me regarding this issue as this is uncompensated time which hasn't been budgeted into your rent amount."

I then went and pulled out my NEW lease to see if there was a clause that would help me break my lease without breaking myself and noticed that the dates are not right it is dated May 1 2016 till April 30, 2016. I no longer feel like this is home, he's threatening me. I receive disability and Government assistance with food stamps for the babies I also have section 8 which he knows this is the only income I have and I will lose my SEC8 voucher in the process of him taking me to court, leaving us 5 homeless people

[damba]

Sorry to hear of your troubles. I suggest you work with him and not against him though, if you know you paid late, dates aside. Keep in mind that no written lease means you are at the mercy of what your landlord indicates, given the reasonable assumption that he/she is merely trying to recover legitimate monies owed by you, regardless of the written (or lack thereof) dates on paper. These are the types of lessons we learn in life, then move on. A roof over one's head is better than being homeless, that's for certain. Sorry it has gotten to that point for you ;(.

A mis-typed date on the lease likely does not mean you can break it legally. See what the tenants union says online in your IL county.

Originally Posted by sherri5560

I have been leasing this home since October 2011, I haven't had a written lease with my landlord since the original expired in 2012. I signed a NEW lease in June 2016, now my landlord says I owe him for late fees ($428) this includes charges for a processor service ($75) that bought me out a 5 day notice June/8/2016.
I won't dispute the service fee but why do I owe late fees when we didn't have a written contract/lease for rental late fees?
He had agreed to work on a payment plan, but now that I questioned these fees he wants it all right now. I want to move, I have personally seen 6 young men on separate occasions shot with 3 dying right outside my front door, I fear for my 4 grandchildren all under 11 that I am raising, I only signed the new lease because he would evict me if I didn't .I don't owe him any money for rent It has always been paid! Today in the mail I received this notice for payment of late fees dating back to January with the written statement that,

"If you don't have the money now, I suggest you find a way to get it by the due date."( August 31 2016) since you questioned the legitimacy of the late fees, and resorted to silly rationales why you shouldn't pay them I can not work with you on a payment plan." "I will take you to court for late fees and then $1039 will be added to your account balance and you will be found in violation and your lease terminated.Do not contact me regarding this issue as this is uncompensated time which hasn't been budgeted into your rent amount."

I then went and pulled out my NEW lease to see if there was a clause that would help me break my lease without breaking myself and noticed that the dates are not right it is dated May 1 2016 till April 30, 2016. I no longer feel like this is home, he's threatening me. I receive disability and Government assistance with food stamps for the babies I also have section 8 which he knows this is the only income I have and I will lose my SEC8 voucher in the process of him taking me to court, leaving us 5 homeless people

[madpaddy]

On the one hand, you say you want to get out. But you signed a lease because he was going to evict you. The first thing you need to decide is whether you want to go or stay. If you want to go, the date error on the 2nd lease gives you the out. Nothing in that lease is enforceable, on either side. If you want to stay, you need to make nice with the landlord because you don't have the security of a long term lease. If the landlord wants to force you out, there's nothing stopping him.

Something to keep in mind is that the 2011 lease may still be in effect. Often there's a clause that allows the lease to continue beyond the original specified term indefinitely until one side or the other gives 30 days notice of their intent to terminate the agreement. If so, you very well may be legally obligated to pay any late fees.

[damba]

I believe the clear *intent* of a one year lease would be sufficient grounds for the landlord to haul her to court if he/she saw fit. YMMV. Just my $.02.

Someone w/ 4 mouths to feed and house should be much more clear in forging a path to safe housing IMNSHO.

Originally Posted by madpaddy

On the one hand, you say you want to get out. But you signed a lease because he was going to evict you. The first thing you need to decide is whether you want to go or stay. If you want to go, the date error on the 2nd lease gives you the out. Nothing in that lease is enforceable, on either side. If you want to stay, you need to make nice with the landlord because you don't have the security of a long term lease. If the landlord wants to force you out, there's nothing stopping him.

Something to keep in mind is that the 2011 lease may still be in effect. Often there's a clause that allows the lease to continue beyond the original specified term indefinitely until one side or the other gives 30 days notice of their intent to terminate the agreement. If so, you very well may be legally obligated to pay any late fees.