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Posted by Mark Smith on February 24, 1999 at 20:07:17:

In Reply to: Re: LATE FEES``URGENT posted by Mark Smith on February 24, 1999 at 13:34:45:

If the lease has expired, generally the same terms and conditions carry over, and you become a month-to-month tenant. Of course, with a month-to-month tenancy, either you or the landlord can cancel the lease on 30 days'/one month's notice, in accordance with your lease term.

In this case, that would appear to be the middle of the month, meaning that the earliest date on which you or the landlord could end the month-to-month tenancy is April 15th, if a notice is sent to the other party by the middle of March.

: Does the lease have a provision for late fees? If not, your landlord can't charge late fees? And even if the lease has a late fee provision, this fee of $25 plus $5 a day is unreasonable. Courts have generally found late fees greater than 4% or 5% of the monthly rent to be unreasonale.

: Interestingly, New York state laws limits the late fees paid to owners of mobile home parks to 5% of the monthly rent. The bad news is that there is only one mobile home park in New York City -- on Staten Island. The good news is that Tonya Harding will be protected if she ever moves to New York state.

:
: : Can a landlord Charge late fees on the balance of rent?
: : I paid half of my rent on the 1st of the month and told the landlord i would send the balance in 2 weeks (payday is every 2 weeks) she said ok.....Now she is telling me that i have $125.00 in late fees ($25.00 late and $5.00 a day thereafter!!) total of $125.00 Can she do that? I paid half of it and she seemed ok with waiting for the other half!Can she charge late fees for half the rent like that?
: : HELP!!

: : What if my lease is up? Not positive, but i know i moved in Feb. 16th last year and i'm pretty sure it was just a 1 year lease....If my lease is up then what?......

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: 
: If the lease has expired, generally the same terms and conditions carry over, and you become a month-to-month tenant.  Of course, with a month-to-month tenancy, either you or the landlord can cancel the lease on 30 days'/one month's notice, in accordance with your lease term.  

: In this case, that would appear to be the middle of the month, meaning that the earliest date on which you or the landlord could end the month-to-month tenancy is April 15th, if a notice is sent to the other party by the middle of March.

: 
: : Does the lease have a provision for late fees?  If not, your landlord can't charge late fees?  And even if the lease has a late fee provision, this fee of $25 plus $5 a day is unreasonable.  Courts have generally found late fees greater than 4% or 5% of the monthly rent to be unreasonale.

: : Interestingly, New York state laws limits the late fees paid to owners of mobile home parks to 5% of the monthly rent.  The bad news is that there is only one mobile home park in New York City -- on Staten Island.  The good news is that Tonya Harding will be protected if she ever moves to New York state.

: : 
: : : Can a landlord Charge late fees on the balance of rent?
: : : I paid half of my rent on the 1st of the month and told the landlord i would send the balance in 2 weeks (payday is every 2 weeks) she said ok.....Now she is telling me that i have $125.00 in late fees ($25.00 late and  $5.00 a day thereafter!!) total of $125.00  Can she do that? I paid half of it and she seemed ok with waiting for the other half!Can she charge late fees for half the rent like that?
: : : HELP!!

: : : What if my lease is up? Not positive, but i know i moved in Feb. 16th last year and i'm pretty sure it was just a 1 year lease....If my lease is up then what?......


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