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Old 03-19-2011, 02:20 AM
 
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I was a bit late with my rent last month, and my landlord has given me a new invoice for next month, and there is a $35 "Late Fee" charge. But there is nothing about late fees in my lease. Is this legal?
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Old 03-19-2011, 02:38 AM
 
Location: Nassau, Long Island, NY
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No, it's not. Late fees have to be in the lease. Your landlord cannot just dream up new requirements whenever he feels like it. Don't pay the late fee because he can't enforce it. However, if you stay there for a new lease he probably will make late fees a part of it.
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Old 03-19-2011, 05:59 AM
 
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Quote:
Originally Posted by I_Love_LI_but View Post
No, it's not. Late fees have to be in the lease. Your landlord cannot just dream up new requirements whenever he feels like it. Don't pay the late fee because he can't enforce it. However, if you stay there for a new lease he probably will make late fees a part of it.
^^^This, ignore it and pay your rent normally. If he sputters and rants ask him where it says in the lease there's a late fee.

The next question of course is: Can he evict me modsquad81?
No. Technically, legally of course your rent is probably due on the first but in real time no judge would ever entertain an eviction proceeding for a late payer, even a chronic one, who pays by the 10th or even the fifteenth. Even a tenant who pays up after missing a couple of months will be allowed to do so if no previous actions have been brought.

Last edited by modsquad81; 03-19-2011 at 06:07 AM..
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Old 03-19-2011, 07:21 AM
 
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Default modsquad 81

The next question of course is: Can he evict me modsquad81?
No. Technically, legally of course your rent is probably due on the first but in real time no judge would ever entertain an eviction proceeding for a late payer, even a chronic one, who pays by the 10th or even the fifteenth. Even a tenant who pays up after missing a couple of months will be allowed to do so if no previous actions have been brought.

modsquad do you mean the above only in the abcence of a late payment clause in the lease?

in my lease it says if you pay late after the grace period of the 6th($15 late fee applies) more than twice in any 12 month period, you may be evicted or not be able to renew your lease

so, according to my lease, if someone paid late 3 times and taken to court, would they get evicted or not been able to renew?
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Old 03-19-2011, 07:48 AM
 
979 posts, read 4,104,071 times
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Originally Posted by rlrl View Post
The next question of course is: Can he evict me modsquad81?
No. Technically, legally of course your rent is probably due on the first but in real time no judge would ever entertain an eviction proceeding for a late payer, even a chronic one, who pays by the 10th or even the fifteenth. Even a tenant who pays up after missing a couple of months will be allowed to do so if no previous actions have been brought.

modsquad do you mean the above only in the abcence of a late payment clause in the lease?

in my lease it says if you pay late after the grace period of the 6th($15 late fee applies) more than twice in any 12 month period, you may be evicted or not be able to renew your lease

so, according to my lease, if someone paid late 3 times and taken to court, would they get evicted or not been able to renew?
regardless of what the lease says about eviction a housing court judge will not enforce a clause that says you will be evicted if you pay late a X number of times. This is a simple scare tactic to encourage paying your rent on time. As long as the LL cashes the check he can't dun you for late payments. If you are paying on the 10th or whatever and a pattern emerges of the LL accepting the late rent he can't all of a sudden change his mind and threaten eviction. In essence you've both agreed to break the lease in this regard.
Regarding renewal: If you are stabilized you are protected no matter how often you're paying late. Free market leases would be a judgment call. Up to the LL to decide if the tenant in hand is worth more then a tenant he doesn't know.
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Old 03-19-2011, 09:09 AM
 
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Default so even

if i'm late one time (never been late past the grace period in the 6 yrs i've been here) and i get a notice to pay or quit (i think in the lease there is something about 5 days but i don't know if that includes the grace period or is after the grace period) the landlord still has to accept my rent even if it was late and can't just say they're not accepting it because they want to get me out?

not saying i ever planning on being delinquent i never have been, just that i was yelled at a few years ago when the landlord claimed i was causing a roach infestation (which was not true tho my apt has not always been spotless). they know i have done a lot of work on my apt recently to make it better (which it certainly has been) but i just don't want to incur her wrath with any type of problem such as a late payment
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Old 03-19-2011, 09:28 AM
 
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Her wrath is something you will probably incur but it is irrelevant to a successful eviction proceeding. Any landlord who has had experience with nonpayments in LL/Tenant Court is grateful for any rent paid by the 10th or 15th. Threatening eviction for paying after the first or during a so called "grace" period is nothing short of blowing smoke up your ass.
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Old 03-19-2011, 10:14 AM
 
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Default nah

i'm just thinking if i ever had to pay after the 6th ( the 7th starts end of grace period) what might happen. i would always inform them anyway
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Old 03-19-2011, 01:14 PM
 
979 posts, read 4,104,071 times
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Originally Posted by rlrl View Post
i'm just thinking if i ever had to pay after the 6th ( the 7th starts end of grace period) what might happen. i would always inform them anyway
I collect rents for a living and I always tell tenants just let me know what's going on. Most LL's don't have an issue with late rent occasionally if you've been honest about it.
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Old 09-24-2014, 07:01 PM
 
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my landlord has been charging late fees since 2009 first 25.00 and the last 2 years 100.00, how can't I get this money back? can I? if so how? no mention of late fees in my rent stabilized lease.
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