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Posted by Mark Smith on August 11, 1999 at 16:33:54:

In Reply to: Re: Late Charge posted by isaac on August 11, 1999 at 15:13:48:

In New York, a landlord can impose a late charge if the lease provides for it. A 5% late charge has been held reasonable, and there is a limit of 5% for late charges for ground rent for a mobile home. If late charges and attorneys' fees are rent under a lease, the landlord can include them in a three-day demand for rent. In a rent regulated apartment, housing court can issue a money judgment -- but not a possessary judgment -- for late charges and attorneys' fee that are rent.

:
: :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 lat

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Comments:
: In New York, a landlord can impose a late charge if the lease provides for it.  A 5% late charge has been held reasonable, and there is a limit of 5% for late charges for ground rent for a mobile home.  If late charges and attorneys' fees are rent under a lease, the landlord can include them in a three-day demand for rent.  In a rent regulated apartment, housing court can issue a money judgment -- but not a possessary judgment -- for late charges and attorneys' fee that are rent.

: 
: : 
: : :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 lat


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