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  1. #11
    Join Date
    Oct 2016
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    4,301

    Default Re: Late Fees

    Quote Quoting Harold99
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    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.
    There may be. I have been unable to find such a provision.

    Here's a link to the law on late fees. It is only two pages.

    https://www.ncleg.gov/EnactedLegisla...2/GS_42-46.pdf

    Quote Quoting alexnc22
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    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.
    No, the law is...

    Is due in monthly installments, a landlord may charge a late fee not to exceed fifteen dollars ($15.00) or five percent (5%) of the monthly rent, whichever is greater.
    $1200 x 5% = $60

    So the fee is within the law. That law is at the very top of the link I posted above.

  2. #12
    Join Date
    Jun 2011
    Posts
    16

    Default Re: Late Fees

    PayrolGuy, but that link does not support my case, it instead hurts it.

    Quote Quoting PayrolGuy
    View Post
    There may be. I have been unable to find such a provision.

    Here's a link to the law on late fees. It is only two pages.

    https://www.ncleg.gov/EnactedLegisla...2/GS_42-46.pdf



    No, the law is...



    $1200 x 5% = $60

    So the fee is within the law. That law is at the very top of the link I posted above.

  3. #13
    Join Date
    Oct 2016
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    4,301

    Default Re: Late Fees

    Quote Quoting alexnc22
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    PayrolGuy, but that link does not support my case, it instead hurts it.
    I'd love to be able to find a law that says the LL must've notified you or lose the right to charge you and one that says that the $60 fee is too high.

    Unfortunately, laws that say that don't exist in your state.

  4. #14
    Join Date
    Jun 2011
    Posts
    16

    Default Re: Late Fees

    I just notice the lease says "applicable late fees to the rent be made payable without being demanded". So how the heck I am to know if the landlord never asked me or reminded me? This should not be enforceable? 60 per incident is a now a very huge sum.

    Quote Quoting PayrolGuy
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    I'd love to be able to find a law that says the LL must've notified you or lose the right to charge you and one that says that the $60 fee is too high.

    Unfortunately, laws that say that don't exist in your state.

  5. #15
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Late Fees

    Quote Quoting alexnc22
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    PayrolGuy, but that link does not support my case, it instead hurts it.
    If you like I could call a huge property management company I do a lot of work for, but it would be CA law. But I'd imagine they could give some advice for you.

  6. #16
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Late Fees

    Quote Quoting alexnc22
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    Landlord is asking . . . that I pay all late fees. . . . the lease talks about it
    What EXACTLY does your lease say about late fees? Please quote the language.


    Quote Quoting alexnc22
    View Post
    the landlord has NEVER once reminded me of it
    Why would your landlord have to remind you about the provisions of a contract to which you are a party and of which you (presumably) have a copy?


    Quote Quoting alexnc22
    View Post
    the landlord has NEVER . . . charged me late fees so I have been paying rent whenever I could.
    So...you admittedly breached the contract by not paying rent when it was due. Right? Does the lease require that the landlord formally "charge" you in this regard?


    Quote Quoting alexnc22
    View Post
    why didn't landlord tell me this at that time if it was due?
    Rather obviously, no one here is in any position to explain your landlord's reason(s) for doing or not doing things.


    Quote Quoting alexnc22
    View Post
    Is this even lawful?
    Depends on what the lease says.


    Quote Quoting alexnc22
    View Post
    can I refuse to pay it and then sue landlord for deposit not being returned to me?
    Sure you can (but the ability to sue is obviously different from the ability to win).

  7. #17
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Late Fees

    Quote Quoting Harold99
    View Post
    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.
    You may actually be right.

    It's the doctrine of "laches."

    Here's an explanation:

    https://legal-dictionary.thefreedictionary.com/Laches

    I don't know if it applies here.

  8. #18
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Late Fees

    Quote Quoting alexnc22
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    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.
    As explained by "flyingron," the law is no more than $150 or 5% of your monthly rent (whichever is more. $60 is 5% of $1,200, so $60 per month is within the legal limit.

    Quote Quoting alexnc22
    View Post
    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'll bet your landlord thinks it isn't fair that you didn't pay your rent on time. In any event, it appears the relevant statute of limitations is three years, so the landlord may only be able to deduct for the past three years. How much in total is at issue?

  9. #19
    Join Date
    Jun 2011
    Posts
    16

    Default Re: Late Fees

    Please find answer in italics and blue below:

    Quote Quoting pg1067
    View Post
    What EXACTLY does your lease say about late fees? Please quote the language.

    "60 late fees will be charged", then it says: "applicable late fees to the rent be made payable without being demanded"


    Why would your landlord have to remind you about the provisions of a contract to which you are a party and of which you (presumably) have a copy?

    As a standard procedure, I dont know.


    So...you admittedly breached the contract by not paying rent when it was due. Right? Does the lease require that the landlord formally "charge" you in this regard?

    No, but she has sneaked a language that 'without being demanded'. I never read this, or was made aware of it.


    Rather obviously, no one here is in any position to explain your landlord's reason(s) for doing or not doing things.




    Depends on what the lease says.




    Sure you can (but the ability to sue is obviously different from the ability to win).

  10. #20
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Late Fees

    Quote Quoting alexnc22
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    I just notice the lease says "applicable late fees to the rent be made payable without being demanded". So how the heck I am to know if the landlord never asked me or reminded me?
    How are you supposed to know? You're kidding, right? You knew that you didn't pay your rent on time. You knew what the lease said about late payments. So why should the landlord have to ask or remind you about something you were already aware of? The lease even said that the landlord had no obligation to make a demand.


    Quote Quoting alexnc22
    View Post
    60 per incident is a now a very huge sum.
    And the only logical response to this is that you should have paid your rent on time.

    Quote Quoting alexnc22
    View Post
    Please find answer in italics and blue below:
    Everything in the quote box is in italics. Please don't post new content in the quote box.

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