Q: Is charging tenants $10/day starting the 2nd for late rent legal, or is she bound to the state regulation of 5 days?
She insists she is able to charge us that rate beginning the 2nd if she hasn't received the money order. She also recognizes that she can't charge us until the 5th but is comfortable accruing fines before the fifth and charging us on that date.
A: In Virginia, a late fees is a matter of contract and provided for in the lease. The 5 days refers to the failure of the tenant to pay rent when due so the landlord is required to serve on the tenant a 5 day notice to pay or quit before the landlord has the right to demand possession of the premises by court order.
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