Do I need to pay a late payment fee for just being 1 day late with my rent?

I stayed in a rented apartment for t helast 3 years. I have never been late paying my rent but this month I forgot to pay and it was 1 day late today. My lease contract says if I don’t pay rent on or before 5th day of the month, that I will pay a $100 fee. I got a courtesy call today, the 6th, at 5 pm from the leasing office and I politely said it was an honest mistake and that I had forgotten to pay the rent. However, the leasing manager is forcing me to pay the extra $100. I paid the monthly rent at 5:10 pm but I have not paid the extra late payment fee. I don’t want to deal with the leasing manager because she is so rude and does not respect. How can I avoid paying this fee?

Can i ask her to send me an email to pay 100 which will be a proof and then i

will ask her to provide me her supervisor or leasing company to talk with to

wipe out the late payment.

Will she put a bad comment to my credit score? How to tackle this situation

with in the law.

Asked on April 6, 2016 under Real Estate Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that a lease is a contract. And you have breached a term of your contract, even if it is by just 1 day. Accordingly, you must pay the fee or face the consequences. While seemingly unfair to you, it is the law, not to mention that your landlord is running a business and is  ntitled to timely payment.


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