Late fee clause in MA
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Late fee clause in MA (by JKJ [MA]) Mar 26, 2019 4:34 AM
       Late fee clause in MA (by WMH [NC]) Mar 26, 2019 4:49 AM
       Late fee clause in MA (by nhsailmaker [NH]) Mar 26, 2019 5:02 AM
       Late fee clause in MA (by Lynn [MA]) Mar 26, 2019 5:11 AM
       Late fee clause in MA (by JKJ [MA]) Mar 26, 2019 5:18 AM
       Late fee clause in MA (by JKJ [MA]) Mar 26, 2019 5:20 AM
       Late fee clause in MA (by Steve [MA]) Mar 26, 2019 5:54 AM
       Late fee clause in MA (by Steve [MA]) Mar 26, 2019 6:02 AM
       Late fee clause in MA (by Steve [MA]) Mar 26, 2019 6:04 AM
       Late fee clause in MA (by JKJ [MA]) Mar 26, 2019 6:57 AM
       Late fee clause in MA (by Steve [MA]) Mar 26, 2019 8:47 AM

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Late fee clause in MA (by JKJ [MA]) Posted on: Mar 26, 2019 4:34 AM
Message:

This is a MA specific question, Iím in the final stages of vetting a new tenant and want to add to my lease a late fee clause. I know in MA I cannot charge a late fee until the rent is 30 days late, Iím looking to know how some of you in MA have the late fee clause worded in your leaseís. Any help is much appreciated, I can only find the laws in MA regarding late fees online, not the best way to word it in the lease. --71.248.xxx.xxx




Late fee clause in MA (by WMH [NC]) Posted on: Mar 26, 2019 4:49 AM
Message:

Why bother, I wonder? Wouldn't you already be beginning eviction well before 30 days late? --50.82.xxx.xx




Late fee clause in MA (by nhsailmaker [NH]) Posted on: Mar 26, 2019 5:02 AM
Message:

state law supersedes anything in your lease so you might as well copy and paste It into the lease --73.182.xxx.xxx




Late fee clause in MA (by Lynn [MA]) Posted on: Mar 26, 2019 5:11 AM
Message:

If you use the MA Lease from zip forms, it already has the clause in it and you just put in the amount. --38.142.xxx.xxx




Late fee clause in MA (by JKJ [MA]) Posted on: Mar 26, 2019 5:18 AM
Message:

WMH, thatís what Iím thinking too but wanted to see what others thoughts were. MA laws say we cannot charge a late fee until the rent is 30 days late but can start the eviction process immediately. My thought is putting in the lease that the tenant will be charged a late fee when the rent is 30 days late is almost comical, like you said, whatís the point? If I didnít get the rent for 30 days I would already have started the eviction process. I was just curious what LLís with more experience than myself thought. --71.248.xxx.xxx




Late fee clause in MA (by JKJ [MA]) Posted on: Mar 26, 2019 5:20 AM
Message:

Lynn, thank you Iíll check that out right now. --71.248.xxx.xxx




Late fee clause in MA (by Steve [MA]) Posted on: Mar 26, 2019 5:54 AM
Message:

JKJ, this is what I use in my current rental agreements.

Rent: The rent shall be payable, except as herein otherwise provided, in monthly installments of $______. It is due on or before the first day of each month and every month. All checks are to be made out to "owner" and mailed or delivered to ________, electronically transferred to account ______ or deposited in account _____ at ______. Any returned checks are subject to a $35.00 service charge. Rent received after the due date is late. Fourteen Day notices are issued approximately 5 days after the due date if rent has not been received in full. Tenants understand & agree that there will be a $30.00 service charge added to cover the cost of creating and sending this notice plus any additional legal fees involved. Any payment overdue (delinquent) by more than thirty (30) days are subject to a late rental payment of $_____ per month. ***

Landlord shall apply all monies received from Tenant first to any non-rent obligations of Tenant (including, but not limited to, late fees, returned check fees, constable / sheriff fees, court fees, repairs and disposal fees) then to non delinquent rent and lastly to current rent / use & occupancy. Tenant agrees that this application of monies by Landlord takes precedence over any designation Tenant may write on a check or a money order, unless agreed to in writing by Landlord. ***

The Tenant shall pay $_____ first month's rent, last month's rent of $_____, a security deposit of $____ and a $75.00 key / lock fee on or before ______. The Landlord will provide a receipt for these monies and will execute an

Apartment Statement of Condition with the Tenant. ***

The Tenant agrees to pay all costs incurred by Landlord in the collection of money owed by Tenant including attorney, constable / sheriff and court fees. If Landlord chooses to use a collection agency to recover money owed from Tenant then Tenant agrees to reimburse the collection agency for their actual fee. Tenant gives permission to Landlord or Landlord's agent (including a collection agency) to obtain Tenant's consumer credit report which Landlord or Landlord's agent may use if attempting to collect past due rent payments, late fees, or other charges from Tenant both during the term of this agreement and thereafter. ***

JKJ wherever you see a *** there is a space for Tenant to initial & date.

JKJ, I've developed & used the above or a variation of it for a number of years. Since I'm not an attorney, I can't comment on it's legal validity. I can say that for me personally I've used it without any questions, issues or problems from Tenants, lawyers, Legal Aid or court staff. As they say if you choose to use it your mileage may vary.

Hope this helps

--96.237.xx.xx




Late fee clause in MA (by Steve [MA]) Posted on: Mar 26, 2019 6:02 AM
Message:

JKJ, the reason I have it is because in MA even if you start a non payment eviction as early as the day after rent was due, it can take 6 weeks if everything goes smooth to six or more months before you actually get your unit back. Over the years I've collected thousands as a result of having it in my rental agreements.

FYI incase you weren't aware in MA there are 2 slightly different 14 day notices each with specific wording & rights. One is for Tenants at will & the other is for term Tenancies. --96.237.xx.xx




Late fee clause in MA (by Steve [MA]) Posted on: Mar 26, 2019 6:04 AM
Message:

JKJ, forgot to add in MA you can only collect a late fee if it's reasonable & if it's in your rental agreement. --96.237.xx.xx




Late fee clause in MA (by JKJ [MA]) Posted on: Mar 26, 2019 6:57 AM
Message:

Steve, thank you so much, I really appreciate you giving me that information. Thanks again for taking the time to write that. --71.248.xxx.xxx




Late fee clause in MA (by Steve [MA]) Posted on: Mar 26, 2019 8:47 AM
Message:

JKJ, I'll be at Mike's LL meeting about wills & asset protection this evening. If you can make it make sure you introduce yourself. --96.237.xx.xx



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