Legal Question in Landlord & Tenant Law in Utah

Wording of late fees in rental contract

My rental contract reads, ''A late payment of $55 shall be assessed if Landlord does not receive payment by the 5th day of each month. Plus, a per diem fee of $15 will be added for every late day after the 5th.''

That is the extent of what the contract says about late payments. Here is my situation. I paid the rent in three installments but the full $900 was paid by the 14th of the month. Because of a work situation I have not received another check since the final payment to pay the $900 in full, so I have not been able to pay the late fees. According to the wording of the contract, does the $15 per diem keep adding up until the day I pay the late fees, or does the per diem stop when I have paid the actual rent in full? My landlord is insisting that $15 is added every day until I pay the late fees. Is this correct?

Asked on 12/29/05, 3:32 pm

1 Answer from Attorneys

David Anderson Mahoney Anderson LLC
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Re: Wording of late fees in rental contract

Yes, but you should check with local Legal Aid or Tenants Rights attorney re: legality of excessive late fees.

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Answered on 12/29/05, 5:52 pm

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