Re: What day do late fees begin - Landlord Forum thread 358503

Re: What day do late fees begin by lpadave on August 27, 2018 @21:05

ok.......25 per day -- 30 day month----750 in late fees. if i was a judge,....i'd throw you out. even if your rent was $5,000. per month.

BANKS assess late fees at 5% of mortgage monthly payment amount,.....and you're not a bank.

the idea of late fees is to encourage tenants to pay on time, not cripple and piss them off.

my leases say ''''by close of business''' which means 5pm.

while Garry is correct in last in goes to first posted, the reality is almost ALL judges WILL NOT allow late fees, interest, penalties, bookkeeping charges and all the other ''bad boy stuff''for tenants paying late.

further, unless your lease specifically spells out new money being posted first to oldest amount due,...you probably can't actually call it that way.

All of these junk fees and charges are just red flags for you as a landlord if you go into court.

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Re: What day do late fees begin by LAMAC66 on August 28, 2018 @07:52	[ Reply ]

So, in essence judges wont follow state law?

Re: What day do late fees begin by lpadave on August 28, 2018 @18:04	[ Reply ]

yes,.... that's very often what housing court judges do. these courtrooms are very busy and they must process the workload. The judges also realize that the appearing attorneys are not making a lot of money processing the folders. More than once, my LL attorneys have directed me to exclude all the additional fees and charges,...and when they were mentioned either in the paperwork or verbally in court, the judges response was often, ''you can re-file for that in an additional case.

Re: What day do late fees begin by LAMAC66 on August 29, 2018 @10:01	[ Reply ]

Lucky for my jurisdiction it doesnt work like that. I make it a point sit in on landlord tenant cases at least 2x month. If you have your paperwork and documentation the judge will rule in your favor here.