Q: Can my landlord charge me for late fees if he's been accepting the monthly payments regardless?
My Landlord just now informed me that if the rent checks were dated after the 5th then there is a late fee and I have been late almost every month. But he has never said anything to me about this in the past and has always accepted and cashed the checks when I paid. I don't feel this is right. Do I have any ground to stand on?
A: Look at your lease. If it is a standard lease there is a nonwaiver provision. This provision states simply because the landlord had not enforced a provision in the past does not prevent him from doing so in the future.
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