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  1. #1
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    Default Excessive Late Fee Because Jointly and Severally on Lease Only

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

    Excessive late fee because jointly and severally on lease only but not really?

    On lease with 3 other people and we are listed as jointly and severally on lease. However, each month, we are each responsible for our portion of the rent and pay our rent separately. Not in one rent check each month. When the landlord contacts me regarding the rent, it is never about the entire rent amount as listed on the lease ($2,800), but always specifically about my rent amount ($700).

    Since we are each treated as responsible for our portion of the rent each month, can't the argument be made that we are not really jointly and severally on lease and that late fee for rent should be for whatever portion of rent is late?

    Right now, my late fee is $125 for $700 rent check.


    In Chicago, IL.

  2. #2
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    Default Re: Excessive Late Fee Because Jointly and Severally on Lease Only

    It can be argued but the actual lease holds you jointly liable. Wha the landlord is doing by just contacting you about your part is just being nice and does not change the lease.

  3. #3
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    Default Re: Excessive Late Fee Because Jointly and Severally on Lease Only

    Quote Quoting wiggybrain
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    Excessive late fee because jointly and severally on lease only but not really?
    Despite your use of a question mark, this "sentence" isn't a question. It's not really even a coherent sentence.


    Quote Quoting wiggybrain
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    Since we are each treated as responsible for our portion of the rent each month, can't the argument be made that we are not really jointly and severally on lease and that late fee for rent should be for whatever portion of rent is late?
    Any argument "can be made," but the fact that, "[w]hen the landlord contacts [you] regarding the rent, it is never about the entire rent amount . . ., but always specifically about [your] rent amount," does not make for an amendment to the terms of the written lease.

    Would you prefer that your landlord require a single rent check every month and hassle each of you every time the full rent is not paid timely?

    You didn't say whether you're being assessed a late fee because you're not paying your share of the rent on time or because one of your roommates isn't paying his/her share. If the former, then this problem is of your own making. If the latter, then the problem is with your roommate(s), not your landlord.

  4. #4
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    Default Re: Excessive Late Fee Because Jointly and Severally on Lease Only

    If you understood what I was getting across, then my sentence is coherent.

    And yes, I would prefer that the landlord require a single rent check every month because then the $125 late fee falls in line with the CRLTO.

  5. #5
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    Default Re: Excessive Late Fee Because Jointly and Severally on Lease Only

    Quote Quoting wiggybrain
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    Right now, my late fee is $125 for $700 rent check.
    When I had my rentals I told my tenants "If you don't like late fees, don't pay late."

    Your roommates shouldn't be dinged any amount for your late paying.

  6. #6
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    Default Re: Excessive Late Fee Because Jointly and Severally on Lease Only

    Quote Quoting wiggybrain
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    If you understood what I was getting across, then my sentence is coherent.
    Ummm...that's pretty much a tautology (unless something else informs my understanding), but I have no understanding of what you were trying to communicate by the sentence in question.


    Quote Quoting wiggybrain
    View Post
    And yes, I would prefer that the landlord require a single rent check every month because then the $125 late fee falls in line with the CRLTO.
    I have no idea what "the CRLTO" means, but you're free to take the initiative to collect the rent from your roommates and send a single check to your landlord.

  7. #7
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    Default Re: Excessive Late Fee Because Jointly and Severally on Lease Only

    Quote Quoting pg1067
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    I have no idea what "the CRLTO" means,

    Chicago Residential Landlord Tenant Ordinance

    http://library.amlegal.com/nxt/gateway.dll/Illinois/chicago_il/title5housingandeconomicdevelopment/chapter5-12residentiallandlordsandtenant?f=templates$fn=def ault.htm$3.0$vid=amlegal:chicago_il


  8. #8
    Join Date
    Oct 2006
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    Default Re: Excessive Late Fee Because Jointly and Severally on Lease Only

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

    Excessive late fee because jointly and severally on lease only but not really?

    On lease with 3 other people and we are listed as jointly and severally on lease. However, each month, we are each responsible for our portion of the rent and pay our rent separately. Not in one rent check each month. When the landlord contacts me regarding the rent, it is never about the entire rent amount as listed on the lease ($2,800), but always specifically about my rent amount ($700).

    Since we are each treated as responsible for our portion of the rent each month, can't the argument be made that we are not really jointly and severally on lease and that late fee for rent should be for whatever portion of rent is late?

    Right now, my late fee is $125 for $700 rent check.


    In Chicago, IL.
    Are you saying that the late fee is being imposed as a percentage of the entire $2800 rather than as a percentage of $700.00 and that is your gripe? You really need to be more specific if you want people to understand what you are asking.

  9. #9
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    Mar 2013
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    Default Re: Excessive Late Fee Because Jointly and Severally on Lease Only

    Quote Quoting llworking
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    Are you saying that the late fee is being imposed as a percentage of the entire $2800
    That would be my guess. $125 would be about 4.5% of $2800.

    That's how I would have handled it if the entire rent hadn't been paid, regardless of who paid what. And they would all be subject to a "pay or quit" notice, not just the one who is late. I would expect all the tenants to get their acts together and get all of the rent paid on time, one check or several.

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