Legal Question in Landlord & Tenant Law in Illinois

I send my rent in each month to my landlord's office. I've noticed that for some months the rent was never deposited. My landlord has made no effort to contact me regarding the "missing" rent until recently. I have no problem re-writing a check for the rent he claims he never received. However, my landlord is asking for an additional late fee of $50 to be paid for each of those month's rent. I feel I should not be obliged to pay any late fees since I'm just finding out months later that he didn't receive my rent. I think his office mishandled the checks and they got lost. He thinks I never sent them. Can he legally make me pay these late fees�especially when he's waited this long to notify me of the missing rent. These rent months date all the way back to February that he is asking for late fees.


Asked on 8/19/14, 2:17 pm

1 Answer from Attorneys
Stephen Messutta

"I've noticed that for some months the rent was never deposited" - congrats, you just admitted you knew something was wrong and didn't say anything. Had you previously paid rent the exact same way and it WAS deposited? If so, that's one thing. If not, that's another. It may be a case of he said/she said. Can he MAKE you pay? Well, can you prove how you sent the money in? If not you might be able to show a bank statement that shows a missing check each month...and that you'll also have to put a stop payment on the checks you say you did write...for how long?? you say "some" -- is that 2, 3, 6? At the same time the landlord SHOULD have notified you with a late fee assessment sooner, like after the 1st late payment. And now you may have to put stop payments on it. The question I'd ask is "what can I show you that you'll believe I sent the check to you...." BUT it would be a stronger case if you had sent in checks BEFORE this happened and they were deposited in due course, to show that you had been paying the right person, on time and to the right place..... I would not give NEW checks however until and unless you stop payment order on the specific checks in question.

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Answered on 8/21/14, 10:10 am


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