Question for the attorneys here (rent late fee)

[jkjsooner]

I've got a question for the resident attorneys. Last month the wife and I went home to Oklahoma. We put our rent check in the door slot but the mailman accidentally pushed it back into the house when delivering mail. We didn't notice until we got back. We explained this to the property managers and told them we mailed the check immediately after returning and they seemed fine but now they've sent us a note indicating that we owe a $240 late fee.

Are there generally laws regulating how much they can charge. (I'm in VA but I'm just asking generally do states regulate this.) $240 seems extremely excessive to me especially considering we've never been late and the circumstances that we couldn't exactly control. (It is 10% of the rent so I guess that's where the number came from.)

They say it's in our contract. In the future I'll refuse to sign any contract that has such a provision because sometimes things happen that are beyond our control. (Even had we dropped it in a USPS mailbox sometimes mail gets lost.)

Unfortunately we're moving next month so they no longer have any incentive to keep us happy.

[stoops the eternal pimp]

http://jimmymcmillan.org/sitebuildercontent/sitebuilderpictures/jimmy2010.jpg

[Frozen Sooner]

I've got a question for the resident attorneys. Last month the wife and I went home to Oklahoma. We put our rent check in the door slot but the mailman accidentally pushed it back into the house when delivering mail. We didn't notice until we got back. We explained this to the property managers and told them we mailed the check immediately after returning and they seemed fine but now they've sent us a note indicating that we owe a $240 late fee.

Are there generally laws regulating how much they can charge. (I'm in VA but I'm just asking generally do states regulate this.) $240 seems extremely excessive to me especially considering we've never been late and the circumstances that we couldn't exactly control. (It is 10% of the rent so I guess that's where the number came from.)

They say it's in our contract. In the future I'll refuse to sign any contract that has such a provision because sometimes things happen that are beyond our control. (Even had we dropped it in a USPS mailbox sometimes mail gets lost.)

Unfortunately we're moving next month so they no longer have any incentive to keep us happy.

The first rule of rent disputes: read the lease.
The second rule of rent disputes: read the lease.

There might be something in Virginia's Landlord Tenant Act (every state has one) regulating the amount of late fee that can be charged. I'd start looking there were I you.

Not a lawyer, not legal advice, rely upon at own risk, yadda yadda.

[Okla-homey]

I have no idea what the law is in Virginia. I'm an Okie lawyer.

Generally though, if your rental agreement, that you freely signed, says there's a $240.00 late fee, we call that a contract. Therefore, you owe the landlord the late fee.

Now, that said, if you had been adjudicated as mentally incapacitated BEFORE you signed the rental agreement, or could prove someone held a gun to your head and compelled you to sign against your will, you could spend a few thousand with a lawyer who could probably get the whole rental agreement voided, but I'm thinking those "if's" above are not applicable here.

Next time, put the danged rent check in a mail box.

[olevetonahill]

10% dont sound outrageous to me , what sounds outrageous to me is 2400 a month rent :eek:

[jkjsooner]

I have no idea what the law is in Virginia. I'm an Okie lawyer.

Generally though, if your rental agreement, that you freely signed, says there's a $240.00 late fee, we call that a contract. Therefore, you owe the landlord the late fee.



I know but this is more of a griping session on my part because there was no way I could forsee that the rent would not be delivered.

That being said, not everything in a contract is enforceable. I'm not an attorney but I've read enough to know that. I was reading the VA landlord tennant handbook there are:


limitations on what may be in a contract
mentions of "reasonable" late fees

[jkjsooner]

10% dont sound outrageous to me , what sounds outrageous to me is 2400 a month rent :eek:

Welcome to Northern Virginia my friend. That's why we're moving to Carolina next month.

Which, by the way, doesn't help me out one bit. Since we're moving out and not renewing our lease, they have no incentive to keep us happy.

[olevetonahill]

Before Id pay that Id
http://www.majorcamping.com/wp-content/uploads/2009/10/Tent.jpg

[Leroy Lizard]

Now, that said, if you had been adjudicated as mentally incapacitated BEFORE you signed the rental agreement, or could prove someone held a gun to your head and compelled you to sign against your will, you could spend a few thousand with a lawyer who could probably get the whole rental agreement voided, but I'm thinking those "if's" above are not applicable here.

I put a gun to his head, making him sign against his will.

[badger]

Here's a site with more info:

Link (http://www.nls.org/housing/latefee.htm)

Since you are moving out anyway, about the only thing the landlord can do to get the late fee out of you is to take you to court. Can't really hold your residency over your head... and they're probably gonna keep your deposit regardless.

[Okla-homey]

I know but this is more of a griping session on my part because there was no way I could forsee that the rent would not be delivered.

That being said, not everything in a contract is enforceable. I'm not an attorney but I've read enough to know that. I was reading the VA landlord tennant handbook there are:


limitations on what may be in a contract
mentions of "reasonable" late fees


Like I said, if you want to sue them over $240.00, go right ahead. Me, I'd pay the danged money. See the Lincoln quote below.

[Okla-homey]

I know but this is more of a griping session on my part because there was no way I could forsee that the rent would not be delivered.

That being said, not everything in a contract is enforceable. I'm not an attorney but I've read enough to know that. I was reading the VA landlord tennant handbook there are:


limitations on what may be in a contract
mentions of "reasonable" late fees


Like I said, if you want to sue them over $240.00, go right ahead. Me, I'd pay the danged money. See the Lincoln quote below. Have you tried calling and explaining what happened? If you have been a good tenant, and no prior slow-pays, they might cut you some slack.

[Okla-homey]

One more thing, check your rental agreement and VA law, but the law in most jurisdictions is you are required to deliver written notice you are moving out before you do so. Generally, if you're renting month-to-month, that notice must be delivered a month before you plan to leave.

[Frozen Sooner]

Here's a site with more info:

Link (http://www.nls.org/housing/latefee.htm)

Since you are moving out anyway, about the only thing the landlord can do to get the late fee out of you is to take you to court. Can't really hold your residency over your head... and they're probably gonna keep your deposit regardless.

Or, you know, **** your credit up by placing the debt for collection.

Don't know about the VA rule, but if I recall correctly (and probably don't) the majority rule is a landlord may not use a deposit to offset owed rent. Landlords may only use deposit money for damage to the property.

[badger]

I agree - don't eff your credit up over this. Pay the money and move on.

...but you still won't get your deposit back.

[Frozen Sooner]

Odd. I've never not gotten a deposit back. If they refuse to give it back, demand an accounting.

[badger]

What's the economic term - sunk cost? Yeah, it's a cost to move into an apartment that disguises itself as a refundable amount if you behave yourself... like mommy and daddy promising to take you to disneyland after you behave for an hour in church.

And then... you end up at the dentist instead :(

[sooner_born_1960]

Odd. I've never not gotten a deposit back. If they refuse to give it back, demand an accounting.
This. I think the badger just trashed her apartment up.

[KABOOKIE]

If you can afford a $2400 rent, an extry $240 is no sweat.

[OUMallen]

10% dont sound outrageous to me , what sounds outrageous to me is 2400 a month rent :eek:

This and this and this plus a fillion.

[olevetonahill]

This and this and this plus a fillion.

Tell him about readin that contract ahead of time .:D ;)

[stoopified]

10% dont sound outrageous to me , what sounds outrageous to me is 2400 a month rent :eek:Ditto.....inless you are renting a suite at the Playboy Mansion complete with two Bunnys.

[Penguin]

I have never gotten my deposit back. Of course, I don't exactly leave the place squeaky clean. But, come on! Does it really cost the landlord $400 to haul away 2 dead hookers?

[jumperstop]

Rental properties suck dick, they will do everything in thier power to get all the money they can out of you while living there and even after you move. I can't wait to own my own place so the money I'm putting in is acctually going to something. At Applecreek Apartments in Norman, which is the ****tiest place ever so don't ever live there if you were thinking about, they charged me 80 dollars for new drip pans after I moved out. They can do that cause it was in the lease, even though at walmart they cost like 15 bucks tops.