Late Fee (by Vince [WI]) Jun 5, 2017 8:06 AM|
Late Fee (by OPM [OR]) Jun 5, 2017 8:13 AM
Late Fee (by RR78 [VA]) Jun 5, 2017 8:27 AM
Late Fee (by Vince [WI]) Jun 5, 2017 9:01 AM
Late Fee (by Moshe [CA]) Jun 5, 2017 9:55 AM
Late Fee (by S i d [MO]) Jun 5, 2017 10:13 AM
Late Fee (by DJ [VA]) Jun 5, 2017 3:16 PM
Late Fee (by Amy [MO]) Jun 5, 2017 3:25 PM
Late Fee (by MB [WI]) Jun 5, 2017 6:19 PM
Late Fee (by Vee [OH]) Jun 5, 2017 6:55 PM
Late Fee (by Vince [WI]) Jun 5, 2017 7:27 PM
Late Fee (by Vee [OH]) Jun 5, 2017 7:47 PM
Late Fee (by MB [WI]) Jun 6, 2017 1:45 AM
Late Fee (by Vince [WI]) Jun 6, 2017 4:43 AM
Late Fee (by Sue [IL]) Jun 6, 2017 9:02 AM
Late Fee (by Vince [WI]) Posted on: Jun 5, 2017 8:06 AM
State Specific Question About: WISCONSIN (WI)
If my landlord doesn't collect the late fee when I pay late, can he then withhold the late fees from my security deposit at the end of my lease when I move out? --50.5.xxx.xxx
Late Fee (by OPM [OR]) Posted on: Jun 5, 2017 8:13 AM
HI VINCE... MOST LIKELY UNLESS WI FORBIDS IT
YOU APPARENTLY KNOW YOU WERE LATE, AND OWE THE LATE FEE
DO THE RIGHT THING --162.247.xx.xx
Late Fee (by RR78 [VA]) Posted on: Jun 5, 2017 8:27 AM
Sounds like he was collecting it from your security deposit.
I would thank him for not requiring you to maintain a full security deposit. --24.131.x.xxx
Late Fee (by Vince [WI]) Posted on: Jun 5, 2017 9:01 AM
I would agree from a Landlord's point of view, however, you could also look at it that if he doesn't collect the late fee in the month it is late he is forgiving it. Normally you let your tenant know if he is late and owes additional rent in that month. If you don't let him know he may think you are forgiving it and a judge may look at it that way also. --50.5.xxx.xxx
Late Fee (by Moshe [CA]) Posted on: Jun 5, 2017 9:55 AM
The defense that you cite is often invoked by judges.
One of the ways of creating a contract is by behavior, and thats just as valid as a written agreement. If the late fee is not collected, promptly and in a business-like manner, then often a judge will deem such behavior as non-enforcement, and that fee and subsequent fees can all be deemed as invalid.
The fact that landlord doesn't really suffer any substantial financial loss as a result of a minor late payment helps the judge to come to such a decision.
I don't know anything about WI.
Late Fee (by S i d [MO]) Posted on: Jun 5, 2017 10:13 AM
A security deposit is typically defined as an amount of money held to cover any unpaid rent, fees, charges, and/or judgments at the termination of a lease.
What does your lease say? Did you agree to pay late fee when you paid late? Have you paid the late fee that you agreed to pay?
If your lease says you agreed to pay late fees, pay it, or your land lord is justified in collecting it by whatever means the law allows. He may be doing what I do: applying any payment received to FEES first and RENT last...which means you might have already paid your late fees and be behind on rent. Which is evictable, in Missouri. I too, know nothing about MI law.
If I were you, I'd spend more time and effort ensuring my rent was paid on time as agreed rather than finding ways to slide by. Maybe getting an extra job would help. --173.19.xx.xxx
Late Fee (by DJ [VA]) Posted on: Jun 5, 2017 3:16 PM
When you sign a rental agreement - or any other legally binding contract - you need to abide by the terms you agreed to, or suffer the consequences. If your landlord did not evict you for breach of your contract, consider yourself fortunate. I hope he/she will come to this site to learn to do better. If you paid late, you owe the fee. And you should have paid it immediately. You know this. Don't try to justify your dishonesty. --68.105.xxx.xxx
Late Fee (by Amy [MO]) Posted on: Jun 5, 2017 3:25 PM
Let it go. If you were late, then accept it. That was YOUR WORD you gave to pay late fees when you signed your contract. Honor your word.
And yes, many landlords may not collect if they know that each time a tenant has to pay fees it means rent may become a hardship to EVER pay on time again==more late fees and possible eventual eviction. As Sid mentioned, with other landlords, late fees from the month before may be collected before rent, so while you think you are paid, here comes another landlord who says,"nope, I took $__ for your late fees from last month. You still owe me $____ for this months rent, AND since it is past due tack on the late fees for this month as well." Your LL was being kind. --107.77.xx.xx
Late Fee (by MB [WI]) Posted on: Jun 5, 2017 6:19 PM
I'm guessing your landlord will be charging your security deposit. It'll be better to be proactive instead of reactive on the situation and pay what is owed voluntarily. I'm guessing you're looking to move elsewhere, so you may want to keep a clean rental record in the hopes of being able to get a recommendation from your current landlord. --71.86.xxx.xxx
Late Fee (by Vee [OH]) Posted on: Jun 5, 2017 6:55 PM
The question I see is, if I want to get my whole deposit back when I leave I need to pay off the late fees and damaged stuff, get the unit ready to rerent so you can get your whole deposit quicker, just remind the manager he made a mistake and you want to square up with her/him properly. --76.188.xxx.xx
Late Fee (by Vince [WI]) Posted on: Jun 5, 2017 7:27 PM
I guess I didn't make myself clear. I'm the Landlord. I was speaking from the tenant's viewpoint. I accepted rent without the late fee for several months before I evicted him for something other than unpaid rent. Can I now charge him for all those past unpaid late fees? --50.5.xxx.xxx
Late Fee (by Vee [OH]) Posted on: Jun 5, 2017 7:47 PM
No reward for sitting on your hands, visit housing court once you read and understand your local/state tenant rules, or pay a lawyer an hour fee to get the answer, hire a better manager before you open for business again. --76.188.xxx.xx
Late Fee (by MB [WI]) Posted on: Jun 6, 2017 1:45 AM
Anything is possible....I would still go after the late fees as I know my lease covers me very thoroughly; I also charge late fees immediately.
Wisconsin is specific in stating that you need non-standard rental provisions listing what can be withheld from the security deposit; there are still many landlords in WI that don't include these as they haven't kept up on the laws. This doesn't 100% exclude you from being able to charge a security deposit for fees; it just makes it more difficult if the tenant gets you in front of a judge.
I suggest spending some money and buy a few good leases on this website: Jeffrey's and Brad20K's. Then at a local landlord association also purchase the Wisconsin Legal Blank lease. Then find Wisconsin's landlord tenant laws...there are a few different sections to read, but you should easily be able to find via Google. Read any local ordinances, and then finally craft a very thorough lease between those resources. Then enforce it.
Moral of the story is to put in the time and effort to get yourself in the position of control. You may haven't necessarily done things in the right order to get the late fees easily, but definitely still go after the money...it'll be a good learning experience. --71.86.xxx.xxx
Late Fee (by Vince [WI]) Posted on: Jun 6, 2017 4:43 AM
Thanks everyone for all your inputs. Great advice. --50.5.xxx.xxx
Late Fee (by Sue [IL]) Posted on: Jun 6, 2017 9:02 AM
I'm also a WI LL. Follow MB's advice. I have an additional page on my WI leases for "Non-standard rental provisions." If you don't list the specific items there, you may only deduct for damages. BTW, you even have to list carpet cleaning in WI. It is not considered normal wear and tear.
In the future, definitely collect your late fees immediately. --50.158.xx.xx