Is it legal for our landlord to charge us$30 a day for everyday we are late on rent?
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Is it legal for our landlord to charge us$30 a day for everyday we are late on rent?
Asked on February 11, 2012 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Do you have a written lease? If so, does the lease provide for late fees? A lease is a contract; the two parties are bound by it. Each must do whatever the lease says, and can require whatever actions or payments the lease provides for. Conversely, neither party may unilaterally change or add to the agreement, by adding additional terms and conditions.
Therefore, if you have a written lease which you signed and it provides for this fee, the landlord may charge it; but if there is a written lease and it does not contain this fee, the landlord cannot make you pay it.
If you have an oral lease, the landlord may not retroactivey require it. He or she may, on thirty days notice, propose new lease terms which include a late fee going forward; if you do not agree to that term, you could terminate your tenancy and move out.
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