Legal Question in Landlord & Tenant Law in Virginia

late fees lease agreement

I pay $425/month on a month to month rental agreement. My agreement states states that if rent is not paid by the 8th of the month there is a $40 late fee. It also says that if rent is not paid by the 15th of the month there is a $100 late fee. My landlord is charging $140 in late fee, is this right?? This is an outragious amount that has kept me late for 3 months now. What can I do about this problem, if so?

Asked on 3/20/07, 2:46 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: late fees lease agreement

No, it does not seem right, and you should go back and reread your rental agreement very carefully as the landlord has probably misinterpreted the language of the applicable provision in your agreement.

If by chance, however, the landlord has been interpreting the agreement correctly, then you should demand a change that limits all late fees to no more than $100 or you will have to move.(If your lease is under the Virginia Residential Landlord Tenant Act (VRLTA), chances are that these combination late fees amounting to more than one third of the monthly rent itself are already violative of this Act and, consequently, your landlord could be subject to appropriate sanctions.)

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Answered on 3/20/07, 5:03 pm

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