Can a landlord start charging a late fee if the rent is one day late? That's the way the contract is written. I live in TN.
by 
Oddities3000
ANSWERS: 14
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He/she sure can. I live in a dorm and that's what they do if you're late.
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If that is what you agreed upon when you signed the lease...sure can.
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You signed the contract? Yes. That's what they're for.
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I'm not sure but where I live - in Saskatchewan Canada -- if the tenant doesn't pay by the 15th, then on the 16th you can give them written notice that they are evicted within 24 hours.
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NO NO NO NO. In California it is ILLEGAL to charge a late fee. You can refuse to pay late fees and they cant do anything about it! (Look under california civil code).
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Most standard apartment leases will have a 10-15 day grace period that allows you to pay your rent late without incurring late fees. When you pay your rent on the 16th, you're not 1 day late, yuo've used up all of your grace period and you're 16 days late. Unless you are a tenant from hell, few landlords would evict you for paying late once. Make it a regular occurance and I'd kick you out too! California - yeah cater to the deadbeats!
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Unfortuntely, yep. You signed it. It is legally binding even if the normal is not that. Always read before you sign. Bummer situation to be in.
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OMG! You guys are total nuts...per TN code 66-28-201. Terms and conditions. — d) There shall be a five-day grace period between the day the rent was due and the day a fee for the late payment of rent may be charged. If the last day of the five-day grace period occurs on a Saturday, Sunday or legal holiday, as defined in § 15-1-101, the landlord shall not impose any charge or fee for the late payment of rent, provided that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent shall not exceed ten percent (10%) of the amount of rent past due
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i dont know but my landlord is trying to charge 300.00 if u are a month late i wonder if he can do that.
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Read the fine print; that's what you've agreed to.
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**FIRST OFF, let me say, everyone who's commented so far should do a little more research and learn to question authority!! YOU DON"T ALWAYS have to pay the late fee just because the landlord says so and it's in your contract!! People just always assume that without looking into it further. The truth is that it depends on the state that you live in I think. For California, I read on several attorney's websites, that late fees are illegal!! REGARDLESS of the contract!! The landlord suffers NO actual damages as a result of you being late. Here is a link if you live in CA that can help. http://www.caltenantlaw.com/LateFees.htm Again... This applies to California. I don't know about in other states, but it seems to me that $300 is an ABSURD amount and that you would be able to fight that somehow. I'd talk to an attorney, check online or go down to your local courthouse and find out about no cost or low cost legal help if you can't afford legal advice. Good luck.
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I have been a landlord for 7 yrs and in WIS you can give notice for them to move with rent late ONE day! An officer will deliver eviction notice and move them out after their 28 days is up,any day,any month,they have to move,And a percentage of the rent,I think 10%,can be charged for late fee.late fee is legal here because most renters here act like deadbeats and always pay late if they can.Yes.landlords need rules to run their business just like the employer who can fire and walk out anyone for any reason.In Wis,there is maybe half dozen laws to help us,and a big book of rules against us.Renters need to act like responsible adults and do the right thing,as do landlords.
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Depends on the size of you county. Odd, huh? I am a landlord in TN and a late charge can not be charged until the 5th day and can not exceed 10% of the rent that is late. There is an exception if it is on Section 8. In that case, it has to be more than 15 days late and the max you can charge as a late fee is $5. This is state law and, while a contract can vary from that in giving you more time and charging a lower %, it can NOT be made more strict. Here is an excellent website. Chances are you'll find a lot of other information that you did not know. I know I did when I first started this. And, I suggest checking with local laws, too, especially regarding fire extinguishers and smoke/carbon monoxide detectors. TN has gotten really strict on that (being that we have the highest % of fire related deaths in the country.) http://www.federalrealestate.net/laws/tnstatelaw.html
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I like the idea of structuring the rent so that paying before a particular date results in a DISCOUNT off the rent (which, by the way is the amount the landlord wants per month), so that the issue of late fees is totally avoided. As to the response "if it walks like a duck...", we now see a number of gas stations giving a DISCOUNT for cash payment (vs, credit card) since charging a fee for use of a credit card is illegal.
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