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

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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

Answers:

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

Answered 10 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.


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