Am I obligated to pay a late fee for my rent for this month if my landlord’s online site was down?

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Am I obligated to pay a late fee for my rent for this month if my landlord’s online site was down?

I pay my rent online through my management company’s website. The rent is due no later than the 5th of each month. On Friday the third of this month, I went to pay my rent online, but the site was down. I tried repeatedly over the weekend, but to no avail. Today, I received an email saying my rent was late, and I owe a late fee. Do I have any leeway in avoiding the late fee, due to 4th and 5th falling on the weekend, as well as their site being down? I have never been late in 2 years of living at this complex.

Asked on February 6, 2012 under Real Estate Law, Delaware

Answers:

Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 9 years ago | Contributor

It depends.  Does the lease require you to pay online?  If so, I don't think the late fee could be applied.  However, if there are other ways to pay rent - in person, by mail, etc. - then I think it could be applied.

If you would like to discuss any issues further, please feel free to contact my office.  Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I certainly think that you have a case to fight here. The issue is going to be notice that the site was down and proof as well as what you did inall of this. In other words,did youemail or call them to let them know? Did you ask to pay another way? I would also argue that gven your track record they should extend you the courtesy regardless.  Good luck. 


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