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late payments fees

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late payments fees

Postby vnk » Sun Sep 22, 2002 11:04 pm


I'm renting an apartment in Ithaca, New York. Last february I forgot to mail my payment. My landlord notified me about this half a year later by sending a bill with $200+ late payment fees.
(After february I was one month late every month :( ). Is it a usual practice for landlords not to notify tenants about late payments? Is there any law about this?
(BTW, two weeks before their notice I received another notice from them saying "late payment fees: 0").

I noticed another thing: my lease says that late fee is 5% after 5 days and 10% after 15 days. However, there seems to be some law which does not allow late payment fee to exceed 5%. Is it true?

Any advice on what to do would be much appreciated!
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Re: late payments fees

Postby consigliere » Sun Sep 22, 2002 11:59 pm

Your message belongs under New York State -- not under New York City.
Courts generally don't like late fees which exceed 5% of the overdue amount. I'd normally tell you to search TenantNet's Housing Court Decisions for late fees, but the search feature is working for cases arising only during the most recent 3 1/2 months, and not for the last 6 1/2 years.
There is a law governing mobile homes -- Real Property Law §233(r) -- which limits late fees to no more than 5%, and only if the rent is more than 10 days late, and only if the late fee is included in the lease or in the rules and regulations of the mobile home park.
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