Q: Can my landlord legally try to go into my bank account and take out more rent and charge late fees every day .
I paid him rent,then my bank said he tried to go into my account and take more money ,he said he waived the late fees due to me having covid,,but continued to charge me .now I'm on court.
A:
Dear Bronx Tenant:
Lock your landlord out of your bank account. Never pay Late Fees. A New York landlord cannot include unpaid late fees or other charges that are not Rent when a landlord sues a tenant in Housing Court.
It is The Law: A landlord cannot include Late Fees if suing a tenant in Housing Court:
"...§ 702. Rent in a residential dwelling.
1. In a proceeding relating to a residential dwelling or housing accommodation, the term "rent" shall mean the monthly or weekly amount charged in consideration for the use and occupation of a dwelling pursuant to a written or oral rental agreement. No fees, charges or penalties other than rent may be sought in a summary proceeding pursuant to this article, notwithstanding any language to the contrary in any lease or rental agreement..." [https://www.nysenate.gov/legislation/laws/RPA/702]
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