Can a landlord charge a late fee if part of the rent is paid on time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord charge a late fee if part of the rent is paid on time?
I’m renting out a room in my house for $350 a month, on a month-to month basis. Rent is due the first of the month. The rental agreement states that a late fee of $5 a day up to $25 will be assessed if rent is more than 5 days late, but does not address partial payments. Can I still charge late fees if the tenant pays only part of the rent on time and the rest later? If so, I may want to make an amendment to the rental agreement to clarify this – what would be the best way to word it? Also, must it state that late fees are non-refundable?
Asked on November 8, 2011 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
There is no need to amend the agreement to enable you to charge late fees when part of the rent is paid late--you clearly can do that. Unless the lease specifically allows partial payment or payment over time, the rent is due in full on the due date: if the entire amount due is not paid then (e.g. not paid by the 1st, in most leases), then the rent is late and you may charge a late fee. Nothing stops you from clarifying the agreement if you'd prefer, to make the above more explicit--just be aware that you don't need to. Also nothing forces you to charge the late fee if you don't want to in a given case--so if someone pays you, say, half the rent on time and will get you the rest in a week, you can waive the late fee that time at your option.
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.