Landlord Question and Answer Forum

Forum / Leasing Issues / late fees
I'm filling out a lease agreement and the line reads: Tenant will pay Landlord a late charge of $________, plus $______ for each additional day that the rent remains unpaid. the total will not exceed $_________. My question is, what's fair?
Erin H, CA on Wednesday, November 28, 2012
RE: late fees
You should check your local statutes because some places have limits on what you can reasonably charge. Start there.
Posted by Dawn A, WI on Wednesday, November 28, 2012
RE: late fees
I wouldn’t charge a late fee and a per day fee. 10% of the rent would be the max, but 5% would be considered reasonable if not paid 5 days after rent is due. If not paid, serve a Pay or Quit Notice. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.
Posted by Bob R, CA on Thursday, November 29, 2012
RE: late fees
I give a grace period up to 5 days, then charge a late fee of $10 per day thereafter. Most tenants pay on the 5th.
Posted by Dawn A, WI on Thursday, November 29, 2012
RE: late fees
I've been considered with a new tenant who hasn't paid a single month on time since April when he first rented. Now he's complaining ( through a 5 -day notice) about some minor repairs he never mentioned before. I will take care of what it's my responsibility such a leak in the kitchen, but i do not have to repair a window glass he broke, do I??. Besides , can i claim the late fee he never paid?? He seems a troublemaker i wouldn't mind if we can terminate the lease earlier. As you can see i'm new at this. I will appreciate your advise. Thanks,
Posted by Oscar F, MN on Thursday, November 29, 2012
RE: late fees
Arizona tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair….. If a landlord fails to take care of important maintenance, such as a leaky roof or a broken heater, tenants have several important legal rights, including: (1) the right to withhold rent until repairs are made, and (2) the right to “repair and deduct”—that is, to hire a repairperson to fix a serious defect that makes a unit unfit (or buy a replacement part or item and do it them self) and deduct the cost from your rent…..As for the window, it’s a safety hazard and should be repaired ASAP. Send the bill to the tenant if tenant refuses to pay for repair with a due date. If tenant does not pay as stipulated, send tenant a Violation (assuming contract states tenant is responsible) Notice to pay. If they don’t, start an eviction…...As for the late fee, include the amount in your demand letter. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.
Posted by Bob R, CA on Thursday, November 29, 2012
RE: late fees
Here is what I have in my lease agreements regarding broken windows: Except for those windows which are noted in writing as being cracked or broken when Tenant moves in, Tenant agrees to be responsible for any windows that become cracked or broken in their dwelling while they live there. Tenant is not responsible for damage caused by natural disasters, or by persons other than the Tenant or the Tenant’s guest or invitees. Tenant may repair the windows themselves if they can do the work in a professional manner. Otherwise, they may hire a glazier or submit a maintenance request to the Landlord. If they submit a maintenance request, Landlord will charge them no more for the work then the least expensive bid for the work which Tenant can obtain from a professional glazier.
Posted by Dawn A, WI on Thursday, November 29, 2012
RE: late fees
@Dawn…I’m not sure why you feel tenants should not be responsible for damages caused by invites or guests. An explanation would be greatly appreciated. I also would not let a tenant do any repairs, such as window glass replacement, unless they were in the business of glass repair and had insurance. If landlords required tenant’s insurance, the insurance company would pay for the replacement and have a qualified company do the work.
Posted by Bob R, CA on Friday, November 30, 2012
RE: late fees
@Dawn…If you start charging a late fee of $10/mo after the 5th day, at what point do you send them a Pay/Quit Notice? Interesting topic. Hope others join in.
Posted by Bob R, CA on Friday, November 30, 2012
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