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recourse period of late rental fee - Landlord Forum thread 352314

recourse period of late rental fee by Kyle (Manhattan New York) on May 22, 2017 @14:06

                              
From the contract it says "if rent or added rent is not received by Landlord with ten days of when same is due, Tenant shall pay a late charge of $100/day for each additional day from due date until the Rent or added rent is paid in full, in addition to all other remedies Landlord has under this Lease."
We experienced one time later than 10 days. Actually it was in last year Jun, and it was 19 days late and my landlord did not ask for late fee.
The lease contract ended in Apr this year and now my landlord wanted to deduct the late fee from the security deposit. Question: what's the recourse period of late fee? Do the landlord compliance with the law if she deducted the late fee from the security deposit now?
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Re: recourse period of late rental fee by Garry on May 22, 2017 @17:58 [ Reply ]
My opinion is, the late fee probably cannot be enforced in a court of law, since it happened last year, and they did nothing about trying to collect it at that time. And $100/day may very well be "uncontionable"(sp ?) in a court of law. It's basically a scare tactic some LLs use to make you pay the rent on time, every time. My guess is, is that your former LL will probably deduct it out of your deposit, and force you to file a lawsuit in small claims court if you want your money back. In the end, it's up to you if you want to file, or not. My suggestion is, DO IT. It will be a good learning experience for you on what small claims court is all about.
Re: recourse period of late rental fee by lamac66 (tq) on May 23, 2017 @06:32 [ Reply ]
100/day? Wow, I'd be suprised if that is enforcebable...
Re: recourse period of late rental fee by Katiekate (New York) on May 23, 2017 @08:18 [ Reply ]
That clause is unenforceable.

I have stood before judges with late fees as you describe. I was told the law does not permit a new late fee each day. The result would be abusive.
A one time fee of a percent is normal. But..daily? No judge will let that stand in NY

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