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I have no experience with paying my rent late, but I'm trying to help my parents. They have lived in an apartment about 3 years now. They consistently are late with the rent and pay the rent plus the rental fee just about every month. The lease is month to month and has been since the first yearly lease expired.
This month they called me in a panic because they could not pay the rent. I told them to call the property management office and let them know the situation. I did not expect them to be sympathetic, but I think it's important to communicate. The office said that since the rent will be over 30 days late, there will be an additional $300 attorney (plus a late fee).
Is this common? I have asked for a copy of the lease from my parents just to see if it is mentioned, but I'm not sure how to handle this situation. Seeing being late is already an issue, I could see the attorney fee issue leading to an eviction eventually.
Any advice is greatly appreciated. I know the property management company has to be stern with non-payment and late payments, but I do want to be sure what they say is proper.
what does the lease say about late fees ? if they agreed and it is not against local laws than it is what it is .
loan or give them the rent . it isn't the landlords problem , it is your families problem . do you expect to be paid on pay day for what you do for a living ?
Allowing your parents to consistently be late with their rent is hardly "being stern"! Most likely they are about to be evicted, but check their rental agreement re the attorney fees. The best way to help your parents would be to assist them in finding an affordable rental and in handling their finances properly. This should be done right away, before the eviction. Evictions can make it extremely difficult to find another rental.
Allowing your parents to consistently be late with their rent is hardly "being stern"! Most likely they are about to be evicted, but check their rental agreement re the attorney fees. The best way to help your parents would be to assist them in finding an affordable rental and in handling their finances properly. This should be done right away, before the eviction. Evictions can make it extremely difficult to find another rental.
Thank you, I will check the lease. I have tried time and time again to help my parents financially. Both money wise and with regards to how they manage their income. The rent is affordable and they make enough to pay it without issue. No doubt it is more of a behavioral issue than an income issue. I don't want them to be evicted but I also know there are consequences to not paying your bills on time and in full.
what does the lease say about late fees ? if they agreed and it is not against local laws than it is what it is .
loan or give them the rent . it isn't the landlords problem , it is your families problem . do you expect to be paid on pay day for what you do for a living ?
To be clear, I am not at all upset with the property management. I completely understand their position and I do not blame them. I have both loaned and paid the rent previously but it seems to have done little to change the situation long term. I just want to be sure about the attorney fee aspect as it is separate from the late fee. Per the management company, they would not accept the payment after 30 days late. It would have to be paid to an attorney instead, who would in turn pay it to the property management. Just trying to do some research as I can't seem to find much on that in particular.
To be clear, I am not at all upset with the property management. I completely understand their position and I do not blame them. I have both loaned and paid the rent previously but it seems to have done little to change the situation long term. I just want to be sure about the attorney fee aspect as it is separate from the late fee. Per the management company, they would not accept the payment after 30 days late. It would have to be paid to an attorney instead, who would in turn pay it to the property management. Just trying to do some research as I can't seem to find much on that in particular.
It's pretty standard boilerplate language to have both a late fee and attorney fees in a lease - every lease I've seen had that language. You're lucky they're not in Arizona- If you miss the rent on the 1st here, you can literally be all the way through the eviction process & on the streets on the 16th if the landlord knows the rules.
Not accepting rent is part of the court process- if you accept the rent, you have to start over with the eviction.
30 days late and management will have hired a lawyer to file for an eviction. Once the eviction is filed, your parents will have to pay every penny due in order to stop the eviction. So, yes, they are going to have to pay the $300 attorney fee, which is rather cheap, by the way. Management must give the lawyer enough business to get a price break (or maybe they belong to a landlord association where members get a price break)
Thank you, I will check the lease. I have tried time and time again to help my parents financially. Both money wise and with regards to how they manage their income. The rent is affordable and they make enough to pay it without issue. No doubt it is more of a behavioral issue than an income issue. I don't want them to be evicted but I also know there are consequences to not paying your bills on time and in full.
Well, they must not "make enough to pay without issue" if they can't pay this month's rent and it will be paid over 30 days late. That is hardly a behavioral issue as far as just being forgetful and not being on the ball to pay it on time. So you are contradicting yourself.
30 days late and management will have hired a lawyer to file for an eviction. Once the eviction is filed, your parents will have to pay every penny due in order to stop the eviction. So, yes, they are going to have to pay the $300 attorney fee, which is rather cheap, by the way. Management must give the lawyer enough business to get a price break (or maybe they belong to a landlord association where members get a price break)
Thank you. I will tell them to expect to pay the fee in order to clear this up. Being that they are running the risk of an eviction, I will try to research the process.
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