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Re: Late Charge

Posted by isaac on August 11, 1999 at 15:13:48:

In Reply to: Re: Late Charge posted by Mark Smith on August 11, 1999 at 14:27:18:

:I don't believe that a LL can impose a late charge fee, without a court order, regardless of what the lease states.
In any case, if this is a NY rent-stabilized apartment, he has to give a 3-days non-payment notice. TenantNEt, any opinion?

As a practical matter, I tend to agree with
: Richard. As to the legal matter, you should read the lease. Does it actually provide for late
: charges? If so, it should say 5% of what: (1)
: the entire month's rent, even if some of the rent has been paid, or (2) the amount unpaid, which
: could be less than a month's rent or several
: months' rent and late charges.

: : Well you guys BLEW IT!................

: : You ticked of the LL, he was being nice and you guys abused him

: : Now he will look for any excuse to evict
: you......

: : So pay the 5% and offer to pay the last 2
: months lates fee too! ....To get back in his good graces

: : Rule #1......Never pay your rent late TWO
: months in a row!

: :
: : : My lease calls for a 5% late charge if the
: rent is not paid by the 5th of the month
: : : I. paid half of my rent before the 5th and my roomate (who's also on the lease) still hasn't
: paid as of today the 10th.
: : : The Landord is charging us the 5% penalty for the entire month's rent. We've been late for the past few months and he always waived the late
: charges but now he says we have to pay. Can he
: charge us the penalty based on the the entire
: month's rent or only the portion remaining?

: : : Thanks

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