Are late fees for paying rent late illegal?

Question Details:

I was served a "3-day notice to perform or quit", for a $50 late fee because my rent payment was late days late. I read that late fees are illegal. Is that true? Also, is it legal for them to serve me this notice for the late fee? If I go to court do I need a lawyer with me to prove that late fees are illegal or is it common knowledge? What is this 3-day notice usually used for?

Asked 11/14/2009 under Real Estate | 998 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Real Estate Law Answers

Late fees are not illegal.  Usually, late fees are assessed to tenants that fail to pay rent on time.  the duty to pay the late fee is contractual in nature.  in other words, the tenant is not obligated to pay a late fee unless the parties agree in the lease.  if there is a lease and there is a late fee penalty then the landlord is able to enforce this penalty.  if there is no lease, the landlord is not permitted to assess a later fee unless there is a state statute.  i am not awar of any such state statutes that permit a later fee on a month to month tenancy.  If there is a lease that has this late fee clause the landlord may evict you for failure to pay the fee as it is a breach of the lease.  i suggest that you hire a lawyer to review the lease and determine whether there is a valid penalty late fee.

Related Real Estate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com