What Can Be Done To Remedy A Landlord Who Is Trying To Alter The Terms Of A Lease Agreement?
I am a renter with 3 year lease agreement with clause for late payment penalty the lease says 5% the landlord is charging $50.00 for first day and $25 each day after i would like to know what i can do to make him stop it the 5% has already been paid in full but he is continuing to charge
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Actually a landlord can charge only 5% of the total rent as late fee if the rent is upto $500. And the law binds him to charge only that. There is no such thing as fining $50 for first day and then again for all the days. It is totally against the law. You must complain against him in the local police or file a complain against him in a court.
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Rental laws differ from one place to another. Check with the Landlord/Tenant association or your area. Even if the terms are spelled out in the lease, if they do not follow the law, they can not be inforced. Some areas do allow for an initial late payment, and then additional fees for each consecutive day not paid. However, most laws state that any monies collected for rent be applied to the initial unpaid rents, therefore, you could get into quite a bit of problems if you don't pay all in full, as you will continue to be late with the most CURRENT rent. In other words, if you are late with January's rent, and pay rent in February, that money will be applied to January, and unless you pay two month's rent (plus any fees), you will be late with February's rent.
Your lease contract's conditions are exactly the terms which bothsides of this legal agreement are bound to! Any changes of the legal instructment must be agreed to by both parties and can not be done by just one side. Send a simple written letter to the landlord stating the paragraph in the lease that applies to penalties incurred for late payments. State that is the full extent of the penalty which you are expected to pay additional money. Keep a copy of this letter and show it to
any governmental office that may be in your city that advocates for tenants. Also check to see if there is a Tenants Rights organization or a Legal Aid Society which can advise you of the legal protections available for you in this matter. Don't wait because the landlord might start legal actions to collect what he/she believes is owed or worst starts an eviction notice. Protect your interests now while it's relatively simple.
Your landlord may be bluffing or misinformed but seems to think he/she can push you around!
any governmental office that may be in your city that advocates for tenants. Also check to see if there is a Tenants Rights organization or a Legal Aid Society which can advise you of the legal protections available for you in this matter. Don't wait because the landlord might start legal actions to collect what he/she believes is owed or worst starts an eviction notice. Protect your interests now while it's relatively simple.
Your landlord may be bluffing or misinformed but seems to think he/she can push you around!
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