If there is a fine of $200 per month for having a pet and you have one in your apartment for a day, can you be charged the full fine or a prorated amount?
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If there is a fine of $200 per month for having a pet and you have one in your apartment for a day, can you be charged the full fine or a prorated amount?
Asked on April 11, 2012 under Real Estate Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no always right answer--it depends on the language of the relevant clause in the lease. It would be legal to have a $200 fee applied as soon as there is any violation--like late fees, for late payment of rent, which typically apply in full as soon as rent is late--or to have the fee be prorated for the number of days of violation--the way rent is prorated, when a lease starts or ends mid-month.
If it is not clear from the language of the lease how the fee is applied, bear in mind that disputing the fee the landlord wishes to charge could result in litigation, which could cost more than the amount of money you hope to save.
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