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  1. #1

    Post Is It Legal For A Landlord To Charge A $25 Late Fee + $5 A Day

    My question involves landlord-tenant law in the State of: WA

    I'm having issues with my Property Owner. She says she will charge $25 for being late then charge $5 a day on top of that plus anything else she feels like adding to it to stack up the charges for paying late.

    I have told her I am not some rich person. I cannot afford what she is asking for. Only the Rent + the $25 late at the very most whenever I have to pay late for any reason. I did not sign for anything on my now currently expired contract in the beginning that stated she could charge me anything more then $25 when paying late. So if its not in the contract and I didn't agree to it or knowingly sign for it then can't she get in trouble for that?

    Is that legal? or is it that breaking the law?

  2. #2
    Join Date
    Nov 2008
    Location
    Current Missouri 3yrs/ California 40yrs
    Posts
    50

    Default Re: Is It Legal For A Landlord To Charge A $25 Late Fee + $5 A Day

    If it's not in writing, then no she can't charge even a late fee. If the contract wasn't renewed when the old one expired then you have the right to deny paying the late fee, plus any other charges the landlord is trying charge. One thing you should consider, before you go off on the landlord, no contract means your paying month to month, and she can ask you to move out, then you have five days after she tells you to move.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,658

    Default Re: Is It Legal For A Landlord To Charge A $25 Late Fee + $5 A Day

    It's correct that in Washington, late fees must be set in a written lease. But I take issue with pretty much everything else hurt neck wrote.

    You originally had a written lease? Then it's possible that the lease is continuing on a month-to-month basis on the same terms. Sometimes a lease has an automatic renewal clause, for a full year at a time. What exactly does your lease have to say about late fees, continuation of its terms after the lease term ends, and renewal?

    If you're a month-to-month tenant, in Washington a month-to-month tenancy may be terminated by either party giving the other a written notice at least 20-days before the end of the rental period. The landlord can serve a 3-day notice to pay or vacate based on failure to pay rent.

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