Can a landlord chargea tenanta late fee for 5 days past the 1st if that was the date that they were supposed to leave?

UPDATED: Sep 10, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 10, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a landlord chargea tenanta late fee for 5 days past the 1st if that was the date that they were supposed to leave?

We were served a 30 day no cause due out by the 5th of last month. We cleaned the apartment and turned in our keys on the 5th. We have been charged 5 days additional rent. It was our understanding that the 5 days while we were moving could come out of my deposit, however they are charging us for 5 additional days of rent and late fees.

Asked on September 10, 2011 under Real Estate Law, Oregon


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I need a little clarification here.  Were you a month to month tenant that paid on the first of every month?  And you were served a 30 day notice when? Before the 1st of the month to be out on the first?  Or to be out on the 5th?  If you were served to be out the 5th on a tenancy that began on the 1st of every month then the notice was improper and you need not have vacated.  But as obviously good people you did as asked.  Now, is it that you were to be out the first and you came to a verbal agreement that you could stay 5 extra days and that it would come out of your security deposit?  Then you could have a problem. Verbal agreements are difficult to prove and in real property situations they can be fatal. But it could be seen as an agreement to change the due date of the rent. Did you get your security back?  If not counter sue and then explain the situation to the mediator of judge when you get to court. I think the late fees are bogus but the other issue can swing wither way depending on clarification of the facts. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption