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?

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1 Lawyer Answer
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq.
  • 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.

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