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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