Late Fees (by Sharon [CT]) May 30, 2009 7:23 PM
Late Fees (by Hamlet [GA]) May 30, 2009 7:31 PM
Late Fees (by Sharon [CT]) May 30, 2009 7:40 PM
Late Fees (by Sharon [CT]) May 30, 2009 7:42 PM
Late Fees (by Sandy [CO]) May 30, 2009 8:16 PM
Late Fees (by Treese [CT]) May 30, 2009 8:54 PM
Late Fees (by K [MN]) May 31, 2009 6:24 AM
Late Fees (by Virden [OH]) May 31, 2009 7:54 AM
Late Fees (by Sharon [CT]) Jun 1, 2009 7:53 PM
Late Fees (by Sharon [CT]) Posted on: May 30, 2009 7:23 PM Message:
State Specific Question About: CONNECTICUT (CT)
Hi, my lease indicates that rent is due on or before the 1st of the month and if a rent payment is received after the 5th a $25 late fee is charged. In addition if the rent is still not received by the 8th and additional $25 late fee is charged. My tenants pay their rent on time so it has never been and issue and they sign the lease. However, I have one tenant who is consistantly late every month. We get the check around the 10th and sometimes have to wait a day or so for the funds to be available. Every once in a while I send her a letter asking for accummulated late fees and she ignores them, then once I spoke with her about them and she said it was against the law to charge late fees in Connecticut. I don't believe that is so. I looked it up on the internet and it said something about I can not charge her a late fee until the 9th. Can someone please clarify this law for Connecticut. She has been late each month since she has occupied the plan 1 year and a couple of months. Your input is much appreicated. Thanks Sharon
--99.7.xxx.xx |
Late Fees (by Hamlet [GA]) Posted on: May 30, 2009 7:31 PM Message:
Don't know about CT, but 2 comments:
- you have a pattern of accepting late rent. In GA, the law says that, by doing that, you have established a new due date for rent - whatever day you generally accept the rent. Because of that, you cannot evict for late rent (late per the original lease terms) and you cannot charge late fee.
The way to cure that is to send a letter to the tenant stating that as of June 1 (or July 1) you will no longer accept late rent. Here (again, don't know about CT), that "resets the clock".
- Second, if you have accumulated and unpaid late fees, you can always deduct them from the sec deposit, if allowed to.
The big picture is that your tenant is controlling you - it should be the other way. Your real effort here is to establish control - otherwise, there will continue to be problems that cost you time and money. --98.66.xxx.xx |
Late Fees (by Sharon [CT]) Posted on: May 30, 2009 7:40 PM Message:
Hamlet:
You are absolutely right. I have a security deposit on this girl but I am sure she will not pay her last month's rent when she leaves. We have a lot of problems with this girl and really want her out. It is not the easiest apartment to rent but we just know that if we do not deal with her now it just prolongs the problem. She has a month to month with us and we need to just to a lapse of time and call it a day. --99.7.xxx.xx |
Late Fees (by Sharon [CT]) Posted on: May 30, 2009 7:42 PM Message:
Does anyone know if the "resetting the clock" the Hamlet mentioned is the same in CT. I really want to get this right. --99.7.xxx.xx |
Late Fees (by Sandy [CO]) Posted on: May 30, 2009 8:16 PM Message:
If you're on mtm, why not just get her out and give 30 days notice. Then try to find someone more timely. --97.124.xxx.xx |
Late Fees (by Treese [CT]) Posted on: May 30, 2009 8:54 PM Message:
Your late fees are against the law in CT. Your late fee clause is unenforcable. Do not attept to deduct the late fees from her security deposit.
Per Ct Landlord Tenant statutes, you cannot charge a late fee until 9 days AFTER the rent due date. Your rent is due on (or before) the 1st, therefore, thanks to the State of CT, your tenant has until the tenth of the month to pay.
You cannot legally charge a late fee or serve a Notice to Quit for non-payment until the 11th.
"Sec. 47a-15a. Nonpayment of rent by tenant: Landlord's remedy. If rent is unpaid when due and the tenant fails to pay rent within nine days thereafter or, in the case of a one-week tenancy, within four days thereafter, the landlord may terminate the rental agreement in accordance with the provisions of sections 47a-23 to 47a-23b, inclusive."
You also cannot charge a "reverse" late fee by offering a discount if rent is paid prior to the grace period allowed per CT law.
"Sec. 47a-4. Terms prohibited in rental agreement. (a) A rental agreement shall not provide that the tenant: ... (8) agrees to pay a late charge prior to the expiration of the grace period set forth in section 47a-15a or to pay rent in a reduced amount if such rent is paid prior to the expiration of such grace period.
(b) A provision prohibited by subsection (a) of this section included in a rental agreement is unenforceable." --76.231.xx.xx |
Late Fees (by K [MN]) Posted on: May 31, 2009 6:24 AM Message:
You are in trouble if your tenant knows the laws relating to your business better than you do. --24.159.xxx.xx |
Late Fees (by Virden [OH]) Posted on: May 31, 2009 7:54 AM Message:
I agree with K above me, reword your lease with a late fee of 50bux after the 9th and 10bux each day thereafter, but study the rules for your local and state, and visit housing court to observe the judge protocol in these situations, once an established late payment pattern is shown the judge will ask why you do not act on this quicker. --76.241.xxx.xxx |
Late Fees (by Sharon [CT]) Posted on: Jun 1, 2009 7:53 PM Message:
Thank you all so much. I am glad to receive the statute information especially. I am going to ask her to leave she is a problem I will give her a 30 days notice. As for my lack of knowing the law, I have no excuse for that. I like the suggestion about the $50 after the 9th and 10 buck each day thereafter. So funny, attorneys have read my lease in other situations and never told me that I could not charge a fee. Thanks!! --99.7.xxx.xx |
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