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  1. #1
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    Sep 2015
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    Default Can a Landlord Compound Late Fees

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

    My family rented a place for 2 years, we fell short on paying the rent the last 3 months of the lease. We were asked to leave by the landlord by her giving us a eviction notice, (we never recieved a 3 day notice). We vacated the property before we went to court and turned over the keys in court. We still have a eviction something on our credit report not sure if it will stay after the trial. She is sueing us for back rent and late fee's and the balance on the water bill. Which I am fine paying except it seems she is compounding the late fees every month. So if the late fee is $10 a day after the 7th then the late fee doesnt stop until the late fee and rent is paid in full. I believe this is not right at all, you could end up owing hundreds of dollars for a 1 month late fee. Need some advice if this is legal and if it is not what can I do about this in court.

    My second question is, if she wins this trail which she will of some sorts just dont want her winning for like 17k or some other large amount that I will not be able to pay. Will the judge let us make payments? Can I appeal to give us more time? Can I claim I am broke right now and get a lesser amount?

    Any good advice would help. Thank You.

  2. #2
    Join Date
    Jun 2015
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    Default Re: Can a Landlord Compound Late Fee's

    I do not know how the winds blow in your jurisdiction or the language in your lease...around me IF the late fee was oppressive the courts might not enforce it ...But offhand I would not think a $10 per day late fee that piles up until the account is brought current is oppressive

  3. #3
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    Oct 2006
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    16,474

    Default Re: Can a Landlord Compound Late Fee's

    Quote Quoting HRinDEVON
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    I do not know how the winds blow in your jurisdiction or the language in your lease...around me IF the late fee was oppressive the courts might not enforce it ...But offhand I would not think a $10 per day late fee that piles up until the account is brought current is oppressive
    I think its quite oppressive. However I would not have expressed that opinion had you chosen to limit your advice to the bolded portion.

  4. #4
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    Sep 2005
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    Default Re: Can a Landlord Compound Late Fees

    As a general rule, a landlord is able to apply your payment to late fees first and to rent second, such that if you choose not to pay everything you owe you can still end up owing rent and thus owing additional late fees.

  5. #5
    Join Date
    Jun 2015
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    988

    Default Re: Can a Landlord Compound Late Fees

    That is how my leases are written...knowing some judges will turn down late fees even if well described as rent and reasonable ....again we don't know your lease language

    Hey, if I under pay my credit card by $1.00 I get hit with whopping fees and interest ...so what makes rent any less deserving of fees and interest if late.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Can a Landlord Compound Late Fees

    Quote Quoting whoamimjg43
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    We still have a eviction something on our credit report not sure if it will stay after the trial.
    It will. If the Plaintiff wins even a dollar it's a judgment against you and stays on your credit report.

    Quote Quoting whoamimjg43
    View Post
    My question involves landlord-tenant law in the State of: Ohio

    we fell short on paying the rent the last 3 months of the lease. She is sueing us for back rent and late fee's and the balance on the water bill. Which I am fine paying except it seems she is compounding the late fees every month. So if the late fee is $10 a day after the 7th then the late fee doesn't stop until the late fee and rent is paid in full. I believe this is not right at all, you could end up owing hundreds of dollars for a 1 month late fee.
    That's right. You didn't just pay one month rent late, you failed to pay any rent for 3 months (If I'm reading your post correctly). If that's the case then you contractually owe about $830 in accumulated late fees which is right and proper considering that you deprived the owner of 3 months rent to which she was legally entitled.

    Quote Quoting whoamimjg43
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    Need some advice if this is legal
    It's legal. There's nothing in the Ohio landlord tenant statute prohibiting or limiting late fees. See for yourself:

    http://codes.ohio.gov/orc/5321

    However, there is a section regarding unconscionable terms:

    http://codes.ohio.gov/orc/5321.14

    Whether you can convince the judge that $830 in late fees is unconscionable for failing to pay rent for three months is anybody's guess. Me, I don't think so.

    Quote Quoting whoamimjg43
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    My second question is, if she wins this trail which she will of some sorts just don't want her winning for like 17k or some other large amount
    She will win what you owe her plus her court costs and process service fees plus post judgment interest on any unpaid judgment.

    Quote Quoting whoamimjg43
    View Post

    Will the judge let us make payments? Can I appeal to give us more time? Can I claim I am broke right now and get a lesser amount?
    The judge has nothing to do with any of that.

    The judgment will be for X dollars. How you pay it or how the judgment creditor collects it is up to the judgment creditor. You are free to offer a payment plan or offer a discounted lump sum cash settlement if you can come up with the money or the judgment creditor can garnish your wages (and your wife's if she was also a defendant) and avail herself of other enforcement methods as appropriate.

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