Alexandria, VA asked in Consumer Law, Real Estate Law and Landlord - Tenant for Virginia

Q: Can I dispute late fees charged by the leaser?

I rent an apartment in Virginia and my lease requires I pay my rent by the 3rd of the month. I was squeaking by paying on the 5th, but now that my company has pushed our paychecks back to the 7th, I'm getting charged $250 extra each month for late fees. Can I dispute these charges?

2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: I think you cannot dispute the late fees that you agreed to in writing when you signed the lease. Perhaps you can ask the landlord to modify the lease so that you can pay your rent as soon as you get paid. The agreement to modify the lease must be in writing.

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: The contract is the contract, and your only easy remedy may be to get a month ahead so that you can pay timely. But, try talking to the landlord. Explain that you will always get paid on the 7th and ask if you can reach an accord. Then, if you can't, borrow around it, and move out as soon as the lease ends. Or, pay a lawyer to review the lease carefully and look for loopholes.

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