Results 1 to 6 of 6
  1. #1

    Default Ohio Rental Late Fees

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

    Hello all, thanks in advance for replying.

    Here is a little background information about my landlady's tactics:

    I have lived in the same duplex for about 5 years. I pay 525 rent. When we moved in, the land lady informed me that 475$ was the rent, an additional 50$ was to go for water. Last summer, She informed me orally that she would have to raise my rent. I would still pay 525 she said, but I would have to foot my own water bill. I argued it out with her, and ended up only paying whatever is more over the 50$ already allotted to my rent. Although she did not write this on our lease, my neighbor showed me her lease with our land lady and she has "repair" provision. She has to pay for any repairs under 50$
    The upstairs of my apt. has no heat, I have to heat it myself via electrical heaters. Yeah, she's a real sweetheart. Her son lives next door and he uses the garage on our property for his needs, although he has his own garage that he built, and bought all of the side yard on our property so he could build it. I really need to move, but it's these fees she's charging that i think I can get her on. And i just know she is going to keep my deposit.

    ANyways, On our lease she says she charges 10% of the rent, which sucks but I have paid in the past. Depending on how late we depends on what method she uses, she either makes us pay 52.50 for a late fee, or 6.00 per day if we are really late, whatever is more. Because I was late for May and June, she charged me $100 late fee for each month. I cannot seem to find information on Ohio's stance on late fees. Can anyone help me out? Thanks.

    Anyways,

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ohio Rental Late Fees

    Do you have a written lease agreement? If so, what does it say about late fees?

    Is the "upstairs" of your apartment supposed to be living space, or it it something else (e.g., an attic or storage space)?

  3. #3

    Default Re: Ohio Rental Late Fees

    Hi Aaron!
    Yes, my Upstairs consists of a landing space from the stairs and 2 bedrooms, that are supposed to be bedrooms. I don't have a copy of my lease anymore, i plan on asking for a new one. We had a flood last year that wrecked our basement. (which my landlady did nothing to help with the cleanup) So I am unsure. I think it said she charges 10% of the rent. Which is 52.50. i don't know where she came up with the 6.00 daily charge, as she just began doing it this year.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ohio Rental Late Fees

    Late fees are a matter of contract, so the terms of your lease are important. If there's no provision for a late fee, no late fee can be charged. If there is a term, the landlord can't change it - if it says "10% of rent" and that amount is $52.50, she can't unilaterally increase it to $6/day or $100.

    Beyond that, there appears to be a split in Ohio's courts, with some requiring a landlord provide some evidence of actual damages in support of a claimed late fee, and others upholding an agreed upon, one-time late fee that is reasonable in proportion to the rental rate, and that has a rational basis supporting the imposition of the charge.

    A landlord has a duty to "Keep in good working order all electrical, plumbing, heating,
    and ventilation systems and fixtures." It sounds like your landlord has failed to fulfill that duty.

  5. #5

    Default Re: Ohio Rental Late Fees

    I thought that also, that she should have to provide heat throughout the house. Yesterday when I spoke with her, she told me I was living in luxury over the winter for having my thermostat set at 72. Well, when you don't have heat upstairs, you have to pump it up. cheez.

    Who could I complain to about the no-heat issue? Or will I have to go through the rent escrow through my local court route?

    Thanks again for the speedy response, it is very much appreciated.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ohio Rental Late Fees

    There may be a housing inspector for the city (or government unit) where you live.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: California Rental Late Fees
    By BJBOOIE in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-10-2011, 08:52 PM
  2. Rent and Utilities: Can a Landlord Charge Late Fees on Top of Late Fees
    By Mommyof 2 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-19-2011, 09:26 AM
  3. Rent and Utilities: Late Fees for Non Late Rent, Water Bill Payment Applied to Late Fees
    By cwhite in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 10-10-2010, 09:07 AM
  4. Rent and Utilities: Excessive Late Fees, Late Fees for Other Fees
    By RochesterSnow in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-05-2010, 12:18 PM
  5. Debt Collectors: Capital One Claim for Annual Fees and Late Fees, in Illinois
    By wanttoknowsomething in forum Debts and Collections
    Replies: 2
    Last Post: 12-06-2007, 11:09 PM
 
 
Sponsored Links

Legal Help, Information and Resources