---

Posted by Cranky Tenant on October 15, 2001 at 04:33:34:

In Reply to: Problem 1: Late fees posted by wane on October 12, 2001 at 22:28:44:

No the landlord is not entitled to any late fees unless it's clearly stated in the lease. The only time he's entitled to anyting beyond that is if those fees are awarded to him in court.

Also, while rent is usualy due on the first that's not always the case. Years ago I had an apartment where the lease began on the tenth so each month rent was due on the tenth of the month and we had a set number of days to pay it. If the original lease says you have 10 days to pay the rent the landlord has to renew the lease under the same terms.

: I am in an 18-unit rent-stabilized bldg in manhattan, and I succeeded my domestic partner in the lease in 2/00. After a few months, my money got all out of whack, adjusting to paying 100% of rent and bills, and i paid rent late from May to September of 2000........for which I was solicited, and paid, a $25 fee.

: On the DHCRs website, it says that these fees are allowable if they are provided for in the lease and ALL RENEWALS. The wording couldn't be clearer. I made management aware of this, and deducted the $125 from July's rent - which was promptly returned. NOW they want the fee for rent paid after the 5th, whereas they'd previously said the 10th. There is NOTHING in the renewals about a late fee; and they refuse to provide a copy of the original, even after making me get a letter from my estranged ex.

: So, any experience with late fees out there?
: The LL also refuses to give me bank info for my deposit (location or acct number), and would only tell me what was "in there" as of my succession (tho they made my ex write a letter relinquishing rights to the dep. to me). It doesn't seem to have accumulted much in the way of interest....and I've NEVER seen any kind of statement.
: Any experiences out there?

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: No the landlord is not entitled to any late fees unless it's clearly stated in the lease. The only time he's entitled to anyting beyond that is if those fees are awarded to him in court.

: Also, while rent is usualy due on the first that's not always the case. Years ago I had an apartment where the lease began on the tenth so each month rent was due on the tenth of the month and we had a set number of days to pay it. If the original lease says you have 10 days to pay the rent the landlord has to renew the lease under the same terms.

: : I am in an 18-unit rent-stabilized bldg in manhattan, and I succeeded my domestic partner in the lease in 2/00.  After a few months, my money got all out of whack, adjusting to paying 100% of rent and bills, and i paid rent late from May to September of 2000........for which I was solicited, and paid, a $25 fee.

: : On the DHCRs website, it says that these fees are allowable if they are provided for in the lease and ALL RENEWALS. The wording couldn't be clearer. I made management aware of this, and deducted the $125 from July's rent - which was promptly returned. NOW they want the fee for rent paid after the 5th, whereas they'd previously said the 10th.  There is NOTHING in the renewals about a late fee; and they refuse to provide a copy of the original, even after making me get a letter from my estranged ex.

: : So, any experience with late fees out there? 
: : The LL also refuses to give me bank info for my deposit (location or acct number), and would only tell me what was "in there" as of my succession (tho they made my ex write a letter relinquishing rights to the dep. to me). It doesn't seem to have accumulted much in the way of interest....and I've NEVER seen any kind of statement.
: : Any experiences out there?


Optional Link URL:  
Link Title:         
Optional Image URL: 

---