Is it legal to charge late fees on late fees?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to charge late fees on late fees?
We are being taken to court because our landlord is trying to evict us because according to them we owe $650 in late fees. About 24 months ago our church helped us pay our lot fee but they were 2 days late, so our landlord added a late fee. Since then we have never been late but,when we pay them they are saying that the money first goes to paying off the late fees and then it pays the lot fee, so every month they are adding another late fee because we are only paying the exact amount of the lot space. This has been going on for 2 years so what started as a $25 late fee is now $650. Is this legal?
Asked on May 5, 2012 under Real Estate Law, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
What they are doing is obviously shady and you need to fight them tooth and nail. First, get a copy of all the payments made here: receipts, cancelled checks, what ever. And bring a copy of the lease. Generally speaking, the law regarding payment of rent gives a party a certain grace period which is more than 2 days. Now, the lease may say otherwise and you signed it so you are bound by it. But I would argue that you had no choice and that it is against public policy. You just need to be calm and show the court the facts. If there is a legal help place in the court go and show the people there. 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 AttorneyPages.com 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.