Cana landlord charge a $25 late fee each weekthat a tenant is late with the rent?

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Cana landlord charge a $25 late fee each weekthat a tenant is late with the rent?

My daughter pays her rent by the week and she does have a lease.

Asked on March 30, 2011 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your daughter should review the lease. If the lease provides for a late fee in the event of late payment, then the landlord can collect it and your daughter must pay it. On the other hand, if there is no late fee in a written lease, then the landlord cannot arbitrarily impose one. The lease binds both parties, and the landlord can only charge what the lease allows; and conversely, the tenant must pay the amounts provided for in the lease. So to answer this question, your daughter needs to take a look at her written lease. A lease is essentially a contract, after all; the parties' respective duties, rights, and obligations are those agreed to between them in the lease.


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