When is a late fee due?

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When is a late fee due?

My contract states that my rent is due by the 1st. If not paid by the 5th a $25.00 late fee will be added and if not paid by the 10th a additional $50.00 will be added. Do I have until the end of the day on the 10th to avoid the additional $50.00. If I pay it in full on the 10th, what should my late fee cost be?

Asked on January 9, 2013 under Real Estate Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written if you make a payment by the 10th of a given month then you are not assessed a second late fee. However, under the laws of all states in this country the second late fee may be in violation of public policy.

The rationale is that you can only be assessed one late fee per a stated time period. You may want to consult further with a landlord tenant attorney about the matter you have written about as to its legality.


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