When is a late fee due?
Get Legal Help Today
Secured with SHA-256 Encryption
When is a late fee due?
I am considered an occupant on a lease. I turned in my half of the rent on the 4th which it’s due on the 1st. My roommate says that our landlord is requiring that we pay a late fee. I’m questioning whether or not he can mandate this. In the lease, my roommate says we have 3 days to after the due date to pay then it’s considered late. To me, when I count, the fourth day would be the 4th of the month. Apparently on the lease, it says the 3rd is considered the 3 day. My roommate is expecting me to pay this fee because she’s not questioning it. I don’t think I should have to pay it considering I got my rent in on the 3rd day. What should I do?
Asked on January 5, 2013 under Real Estate Law, Nebraska
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The law does not specify when a late fee is due--it's based entirely on the lease. If the lease is ambiguous or unclear as to when it's due, you might be able to fight the fee...but since fighting it could involve litigation (a lawsuit), such as if the landlord tries to sue you or evict you over the money, it's unclear that it would be worthwhile to do so. If there is at least a chance the landlord is correct in his/her interpretation, then it is probably best to pay the fee and be sure to pay the rent earlier in the future.
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 AttorneyPages.com 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.