Q: Can a landlord charge for rent late fees months after late fees occurred and withhold late fees from security deposit?
This is about a rental agreement in Louisiana. I was never notified about incurring the late fees during the months the late fees would have occurred. Now that I have moved out and the landlord is taking his time returning my security deposit, he says he must go back and total up the late fees that I need to be charged before he can reimburse any of my security deposit.
A: Without reviewing your written lease one cannot provide an answer with finality. That said, and subject to what's written in your lease as the written lease can modify some provisions of the law. So, if you have not done so, then I would contact the landlord in writing and request return of your deposit. Generally, the landlord has 30 days from moving out/lease termination date, however, some might suggest it is 30 days from date of request and thus, the reason you should notify in writing. Again, subject to what's written in your lease, and in answer to your question, it's possible the only things which may be withheld from the deposit is rent and excessive damage. That said, whether or not a late fee is considered rent might be a question for a Judge. Good luck.
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.
