Q: Can I be charged a late fee if the landlord didn't notify me that mail was delayed until after grace period?
Bank check sent 29 Sept for Oct rent that must be pd by the 5th of the month. The landlord informed me on the 8th that he had not received the bank check (of course this is already after the grace period). I had the bank send a letter showing that they sent the check on 9/29, but landlord is still charging me $230 late fee. If he would've notified me prior to the 5th, I would have drove the money to his house to save paying a $230 late fee, but he waited to tell me that it wasn't received until the 8th. I don't even know if he is telling the truth - he could've misplaced his mail. I immediately Venmo'd him the rent and the check came in his mail the next day. Is this legal? Can he notify me 3 days after the grace period and even after seeing proof that the check was mailed on 9/29 from the bank - can he still charge late fee?
A: The answer to your question will depend on what is stated in the lease. If the lease says the rent payment MUST be made no later than the 5th of each month, then it is the tenant's obligation to make certain the payment is delivered to the landlord by the due date, or there will be a late charge levied against the tenant. If, on the other hand, the lease states that the landlord MUST notify the tenant of a late rent payment and the provision allows the tenant a period of 5 days to cure the late payment, then the tenant has the right to cure the unpaid rent payment. This is a contract question so it is bets to review the lease for the specific language.
1 user found this answer helpful
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.
