Legal Question in Landlord & Tenant Law in Arkansas

Can a landlord demand a late fee that is twice as high as what was on the lease? My lease specifically states that "If all rent is not paid on or before the fifth day of the month, Resident agrees to pay a late charge of $50.00 for the month of the past due rent." I live in a gated apartment community, my rent is $765 and is due on the 1st (with a 5 day grace period). The Notice to Quit that I received today demands that I pay "$865 as of 1/6/2015 "DUE IMMEDIATELY TO AVOID EVICTION" and has a handwritten note on the back "Cannot accept checks for payment". I don't mind paying what I agreed to on the lease, because it honestly slipped my mind.....but I don't appreciate someone trying to get over me because I was one day past the grace period. I am going to take off work in the morning to go pay them since they wont let me leave a check in the after hours drop box, but trust that I will be looking for a house to rent. I only have 2 months left on my lease.


Asked on 1/06/15, 9:19 pm

1 Answer from Attorneys

R. J. Orintas, Sr. ORINTAS LAW FIRM

You written Contract should rule unless there is another written understanding???

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Answered on 5/27/15, 7:04 am


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