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

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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


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

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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