Is it legal for our landlord to charge us$30 a day for everyday we are late on rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption