New Jersey  |  Landlord & Tenant Law

Legal Question

Asked on: 8/12/13, 8:01 am

I've been late on my rent about three times in the past year since I've lived in the complex and always paid it without issue. This past time, I decided to investigate how the late fee was calculated. The leasing manager said the late fee is 10% of the past due amount. I was fine with that until I thoroughly read through my lease and found that it says, "Late Charge: 10.00, Daily late fee: 0.00, NSF Charge: 50.00" (Notice there is no dollar sign and no mention of percentage of past due amount, etc.)

I inquired with the leasing office again on where I can find this information about the 10% late fee charge in the lease and they told me I can find that on page 1 in the same location I'd been looking. Since there is no mention of percentage or dollar sign, would it be safe to assume the late charge is really supposed to be $10.00? And in that case, does that mean the complex has gone against the terms of the lease and owes me money?

1 Answer

Answered on: 8/13/13, 8:57 am by Matthew Schutz

It is a question of who drafted the document. It would be construed against the drafter

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

Matthew R. Schutz, Esq. P.O. Box 325 Three Bridges, NJ 08887

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search