Portland, OR asked in Landlord - Tenant for Oregon

Q: Can a landlord charge a separate late fee for flat rate utilities due at the same time as rent

I am being charged 100.00 late fee for rent being late. My rent is 44.00. I am being charged a late fee of 50.00 for my utilities also being late to be paid the same time as rent they are 75.00

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1 Lawyer Answer
Gregory Abbott
Gregory Abbott
  • Portland, OR
  • Licensed in Oregon

A: If your rent was more than 4 days late, the landlord may charge a late fee assuming it is specified in your written lease agreement. $100 in my opinion is not an unreasonable late fee amount, assuming your total rent is more than $44 - i.e. someone else, such as a government program, is paying the balance due. A late fee for paying landlord-billed utilities is lawful IF there has been a first notice and warning that a second violation would cost $50 and it can go up if there are further violations. However, even if they are officially "due" with the rent, a utility payment cannot be considered late unless the bill contains a date specifying when it is due (separately from rent) and which is not less than 30 days after delivery of the bill to you. There are a variety of over legal requirements, such as including a copy of the landlord's bill or a statement telling you that you can inspect the actual bill at the landlord's office during reasonable hours. If that is not included, you likely are entitled to monetary damages.

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