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  1. #1
    Join Date
    Jun 2011
    Posts
    16

    Default Late Fees

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

    Landlord is asking now all of a sudden when I am moving out that I pay all late fees or it will be deducted from security deposit. I never saw, but the lease talks about it, but the landlord has NEVER once reminded me of it OR charged me late fees so I have been paying rent whenever I could. I have had my lease even extended previously, so why didn't landlord tell me this at that time if it was due? Is this even lawful?, can I refuse to pay it and then sue landlord for deposit not being returned to me?

  2. #2
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Late Fees

    Unpaid late fees are a legal deduction from security deposits in North Carolina.

    Do you have some reason to think you don't owe the late fees in the first place?

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Late Fees

    The landlord is not obliged to remind you to pay your rent on time or that late fees are imposed if you are late. There are limits in NC on late fees however. First, the fee may not be more than $15 or 5% of your monthly rent (which ever is more). It also can't be deducted from subsequent rent payments to make them incomplete (and hence late). Essentially, the late fees just accrue, one for each month you were late.

    If the fees are legally permitted (see above), then the landlord is entitled to deduct them from the deposit.
    You won't win suing the landlord.

  4. #4
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Late Fees

    There may be a time limit on collecting those late fees. Maybe that would be your escape clause to owing them so long after the fact.

  5. #5
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Late Fees

    You added some to your original post after I posted.

    If the lease allows late fees that is all that is likely to be required unless the LL is trying to charge additional late fees on the unpaid late fees I don't think it is an issue. You know or should have known that you were late and because it is in the lease you knew or should have known there was a fee associated with being late.

  6. #6
    Join Date
    Jun 2011
    Posts
    16

    Default Re: Late Fees

    Quote Quoting PayrolGuy
    View Post
    Unpaid late fees are a legal deduction from security deposits in North Carolina.

    Do you have some reason to think you don't owe the late fees in the first place?
    Yes, the landlord never sent me a bill for late fees, has never discussed it, until just now when I have moved out and I need to get my security deposit back.

    Quote Quoting flyingron
    View Post
    The landlord is not obliged to remind you to pay your rent on time or that late fees are imposed if you are late. There are limits in NC on late fees however. First, the fee may not be more than $15 or 5% of your monthly rent (which ever is more). It also can't be deducted from subsequent rent payments to make them incomplete (and hence late). Essentially, the late fees just accrue, one for each month you were late.

    If the fees are legally permitted (see above), then the landlord is entitled to deduct them from the deposit.
    You won't win suing the landlord.
    So the law is $15, but she is charging me $60 ??? which is too much, for my 1200/mo rent, every time I have been late according to her.

  7. #7
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Late Fees

    Quote Quoting alexnc22
    View Post
    Yes, the landlord never sent me a bill for late fees, has never discussed it, until just now when I have moved out and I need to get my security deposit back.
    There could very well be a provision in the law that states if no attempt to ever notify or be made aware of accruing late fees, then the owner did not do his due diligence to collect them when they were first applied. Look into it.

  8. #8
    Join Date
    Jun 2011
    Posts
    16

    Default Re: Late Fees

    Quote Quoting Harold99
    View Post
    There may be a time limit on collecting those late fees. Maybe that would be your escape clause to owing them so long after the fact.
    Exactly, thank you Harold please. Can you please give me more info on my rights?. My lease has been extended, and landlord now wants each late fee from many years ago. This is not fair.

  9. #9
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Late Fees

    Quote Quoting alexnc22
    View Post
    Exactly, thank you please. Can you please give me more info on my rights?. My lease has been extended, and landlord now wants each late fee from many years ago. This is not fair.
    I am sorry, I do not know the law. I am just giving you ideas to consider or pursue. Maybe there is a local renters organization that you could call? Maybe you could walk into a local property management company, find a nice person, and ask that question over the counter? They would know.

  10. #10
    Join Date
    Jun 2011
    Posts
    16

    Default Re: Late Fees

    I think there is a policy on "outlandish" late fees being imposed. Is 5% of rent considered outlandish?

    Quote Quoting Harold99
    View Post
    I am sorry, I do not know the law. I am just giving you ideas to consider or pursue. Maybe there is a local renters organization that you could call?

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