On a rental late fee, if the tenant pays half the rent and then pays the remaining rent 7 days later, can the property manager charge the full fee?

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On a rental late fee, if the tenant pays half the rent and then pays the remaining rent 7 days later, can the property manager charge the full fee?

Our rent is $650 a month, due on the 15th of each month, we paid $300 on the due date and will pay the remaining rent approxamently 10 days later, we are being charged the full late fee, of $65.Is it legal for the property manager to charge the full amount or can he only charge for the amount that is late?

Asked on August 23, 2012 under Real Estate Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer to your question lies in the presumed writte lease agreement under the heading of "late fees". Read that provision in that such will dictate whether the entire late fee is due even if you pay partial rent timely. My experience is that if the entire rent is not paid when due then a late fee is then assessed per the contract against the tenant.


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