Results 1 to 4 of 4
  1. #1
    Join Date
    May 2008
    Posts
    6

    Default Figuring Out When Rent Is Due Under A Lease

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

    My lease agreement says the following.

    "TERM. Landlord leases to Tenant and Tenant lease from Landlord the above described Premises together with any and all appurtenances thereto, for a term of 24 months, such beginning on 15 Nov 07 and ending on 15 Nov 09.

    RENT. The total rent for the term hereof is the sum of $1000 payable on the 1st day of each month of the term, in equal installments of 1 payment ($1000), first installment to be paid upon the due execution of this Agreement, the second to installment to be paid on 15 Dec."
    ...
    LATE CHARGE. In the event that any payment required to be paid by the Tenant hereunder is not made within three (3) days of when due, Tenant shall pay Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of fifty ($50) dollars."

    An addendum was signed that day which states the following.
    "Both parties agree to have (tenant's name) pay the monthly rent of $1000 by the 3rd day of each month, mailing to (landlord's name)."

    I have some questions about how this is read legally. (1) When is the rent due? What is the "grace period"/late fee period? The addendum and lease do not match one another.
    (2) If a dispute arises between LL/tenant, the lease says the sum total for the "total rent for the term hereof is the sum of $1000" on a 24 month lease. Shouldn't that read $24,000 for a $1000/month rent? If it doesn't and the tenant must pay what he's responsible for remaining in the lease, how do you interpret that? I understand what the intent is, but the words on the signed document don't support that. What legal implications does this have for either the LL or tenant if this went to court?

    I work in the nuclear power industry and we're obviously very picky about the exact words written in our requirements and regulations. The words in the legal document seem to confusing, contradictory and not accurate in the lease. What might be the consequences for the parties involved in the case of a dispute, termination, court case, abandonment, etc? The LL and tenant have personality conflicts and can't come to an agreement on settling anything. Thank you for you help!

  2. #2
    Join Date
    May 2008
    Posts
    6

    Default Re: Legal Interpretation Of Lease - LL/Tenant Disputes

    Just some clarification on how I'm reading this.

    Lease says, due on 1st. If not received within 3 days then a late fee would be appropriate. 3 days after that would be 2nd, 3rd, 4th, so if payment is not in hand by 2400 on the 4th, then the 5th is the first late day, and the tenant should be charged.

    The addendum says payment should be received on the 3rd. Does this nullify the paragraph in the lease about the payment due on the 1st and/or does it change the paragraph discussing the late fee? Does it change/override both, or one or neither? If it doesn't change what's in the lease, then I'd say it's contradictory about due dates and late fee periods. Then if it overrides the original statements in the lease, then the late fee shouldn't apply because the addendum overrode it and the addendum doesn't state anything about late fee/terms. It's clear as mud. Thanks again.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Legal Interpretation Of Lease - LL/Tenant Disputes

    Cut to the chase - is the problem that you paid the rent more than three days late, and now you're trying to start the three day count on the first instead of the third? In the precise world of the nuclear industry, 1 + 3 = 5?

    If you don't want to pay your late fees, you can fight it out with your landlord in court either when he evicts you or ultimately deducts the amount from your security deposit when you move.

  4. #4
    Join Date
    May 2008
    Posts
    6

    Default Re: Legal Interpretation Of Lease - LL/Tenant Disputes

    "required to be paid by the Tenant hereunder is not made within three (3) days of when due" .

    For the non-nuclear folks...maybe I don't understand the language of law, but if rent is due the first day of the month, lets say 5 pm or close of business on the 1st. Therefore by close of business on the 4th is within 72 hours/3 days of when due and in accordance with the lease agreement. Thus payment on the 5th would be the first day that would not be "within 3 days of when due." So that's how I read it and it seems contradictory to the addendum which says rent is due on the 3rd. So again, that's why I asked for the legal impact of these two documents. They don't agree and is it still valid or can the LL still charge a late fee etc? It's completely unclear which document is valid, legal, or superseded, if applicable.

    To cut to the chase, I have a LL who is crazy and I'm searching for every reason/way to break the lease. She called and yelled about my wife for 13 minutes on the phone, while our newborn baby cried, and said some completely inappropriate things to her (like if you can't be responsible you should quite your job and stay at home and be a mom, why are you working anyway, why is she writing the check when my name is on the lease,...) causing her to break down in tears. She doesn't really feel safe here, like the LL might show up to yell at her, and wants to avoid running into her at the market down the street. But the LL is crazy. She thinks that she is perfect and twists EVERYTHING into something not even close. We want out, so we're trying to terminate the lease and trying to understand the legal requirements and repercussions.

    1. Sponsored Links
       

Similar Threads

  1. Rent and Utilities: Commercial Lease Rate of Rent After Expiration of Initial Lease Term
    By Norsemanu in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 05-26-2011, 08:00 AM
  2. Rental Agreements: How to Back Out of a Deal to Rent An Apartment - Rent Paid, Lease Not Signed
    By ElizabethB7419 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-20-2011, 07:49 AM
  3. Moving Out: Broke Lease Early, Landlord Seeking Rent Until End of Lease Term
    By ridd in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 03-02-2011, 01:40 PM
  4. Eviction Process: Lease Holder is Gone and I Can't Pay Rent
    By bird100 in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 09-16-2010, 07:59 PM
  5. Eviction Process: One Tenant on Lease Will Not Pay Rent, Do I Have to Evict All Tenants on Lease
    By RuthieWilliams in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-04-2009, 07:48 PM
 
 
Sponsored Links

Legal Help, Information and Resources