Newport News, VA asked in Landlord - Tenant for Virginia

Q: I turned in a check to pay my rent on 11/1 and it bounced and I wasn't made aware of this until I gained a $45 late fee

My rent is $550 a month. I signed a lease agreeing I would pay a $5 late fee each day my rent was late with no grace period. But in the lease it also states $5 after every day thereafter NOT to exceed to maximum allowable by state law. I live in the state of Virginia and I looked up the law and it says no more than 5% of the amount of rent. So that would be $27.50, correct?

Related Topics:
1 Lawyer Answer
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq.
Answered
  • Richmond, VA
  • Licensed in Virginia

A: I am not sure where you see the maximum rate as 5%, so I cannot comment on that. There are laws that say the late charge is to be reasonable, but the laws do not apply to every rental situation, so it is impossible to say without more detail.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.