0
Can a landlord give a termination notice to a tenant for late fees?
Wiki User
∙ 8y ago
This is tricky as some jurisdictions prohibit charging late fees in general. Others do not consider them as "rent" but more of a penalty for being late. Assuming the landlord accepted the rent check, and cashed it, they have continued the tenancy.
Wiki User
∙ 8y ago
Wiki User
∙ 14y agoMost likely, yes. If you don't pay your rent on time, and the lease states that a late fee can be charged, the landlord may charge it notwithstanding partial payment of the rent.
Wiki User
∙ 8y agoIf it's on the lease. Under these rules the late fees become part of the rent that is past due, and if they are not paid the landlord can refuse to accept the money and evict the tenant.
Add your answer:
Earn +20 pts
Can an apartment landlord in Texas charge fees not in lease such as paper billing and HOA fees?
It is unseemly that a landlord can charge a tenant for other than the items listed in the lease. You can pay them and take your landlord to landlord-tenant court for reimbursement, or you can approach a landlord-tenant advocacy to find the answer that you want.
Can a landlord sue a tenant for expenses after tenant sued for security deposit and lost?
Probably YES. Read your lease. The tenant may be held liable for all legal fees incurred by a landlord by actions of a tenant. Since the landlord had to provide a defense, he incurred fees. Just as if you WON, you may have been able to collect YOUR legal fees. Laws vary by state and I am not an attorney. See RentLaw.com for general info.
What can you do as a renter when the landlord has not paid asessment fees to the association?
If the association fees are part of the obligations of your landlord under your lease agreement you could pay the fees directly, then deduct them from the rent, sending a letter to the landlord with the accounting. You should check to see if there is a landlord-tenant agency in your area and call for advice.
Is it legal for a landlord to lock you out without an eviction notice in Minnesota?
It is illegal for a landlord to deny access or prevent access to a tenant without having formally completed a legal eviction process. The tenant should contact local law enforcement for help with accessing their property if they are denied access illegally. If the court agrees with the tenant, it will order a law enforcement officer to help the tenant get back in. If the court decides that the landlord knew (or should have known) that the lockout or other exclusion was unlawful, the court may order the landlord to pay the tenant up to triple damages or $500, whichever is greater, plus reasonable attorney's fees. Minn. Stat. 504.225 (1992)
Can the landlord hold property due to balance of rent due?
Generally, no. The possession of someone else's property for a debt is a "pledge" or "security agreement" that goes well beyond the mere obligation to pay rent. In other words, the tenant must AGREE to allow the landlord to have a security interest in the tenant's property. However, if the landlord has accrued moving and storage fees for the tenant's property, the landlord often has an automatic "lien" on the property for payment of those expenses, but not the overdue rent. When the landlord perfects the lien, holds a public auction and sells the tenant's property, the landlord can usually only keep the amount of profit (if any) that covers the expenses, unless there is also a court order that the tenant owes other rent, penalties, fees, interest, costs, etc.
Understanding the Eviction Process?
No matter how disruptive a tenant is, or how late they are on their rent, landlords have to go through a certain process to evict them. Landlords cannot change the locks, or turn off the utilities. A landlord who uses unlawful methods to evict tenants may be liable for damages.Tenant eviction must follow relevant state and local laws, and no steps can be missed in the eviction process. If the landlord neglects to give the proper eviction notices, the eviction can be thrown out and the landlord will have to go through the process again. The eviction process is quick compared to other kinds of legal actions.The first step in the eviction process is the landlord must give the tenant an eviction notice. There are several kind of notices that landlords can give tenants:Nonpayment of rentThis notice can be given when the tenant does not pay the rent when it is due. The notice usually states that rent is due and gives a certain time in which tenants can pay the rent and the late fees. If the tenant pays the amount stated on the notice, there will be no eviction.Unconditional noticeIn some states, landlords have the ability to give a tenant a notice to move without the possibility of correcting something. This typically happens when tenants have seriously violated the rental agreement. The time that is given to the tenant to move depends on state law.30-day or 60-day noticesIn most states, landlords are allowed to give an eviction notice for a tenant to move without giving any reason. The time varies by state, but a notice is usually 30 to 60 days. The time periods may differ if the tenant is a senior citizen or disabled, is receiving federal housing assistance, or a long-term resident. The landlord cannot give this kind of notice to a tenant until the lease period has ended.Fixing a violationSome states allow landlords to give a tenant a notice to fix a violation of the lease agreement. For example, if a tenant has a pet that is not allowed, the landlord can give a notice to the tenant to correct this is a certain amount of time.If the tenant has not corrected the problem or moved out after the eviction notices have been received, the landlord can file an eviction with the local court.
How long does a tenant have to remove property after breaking lease in NJ?
In most states, when a tenant has been lawfully evicted, the landlord has the right to remove the personal belongings of the former tenant from the rental property. Each state, however, has laws regarding what the landlord must do with that property after removing it. Some states require the landlord to keep belongings in storage for 30 days prior to disposing it - in this case the landlord has the right to collect the storage fees from the tenant before releasing the belongings - while other states, such as Florida, permit the landlord to dispose of the belongings as the landlord sees fit. In South Carolina, the landlord has to remove all property and place it on the curbside, where the tenant has 48 hours to retrieve them or they will be disposed of.
Can a landlord ask the tenant to pay hoa fees in order to use amenities?
The tenant may not be liable to pay any expenses not documented in the lease signed with the owner.
Is there a Georgia rental late fee limit?
From my understanding of the laws in the state of Georgia (USA) as far as a home/property rental, there is no limit on the late fee so long as the late fee has been agreed upon by the tenant and landlord in the signed lease. If there is no late fee mentioned in the lease, the landlord can not just decide to charge one and make one up. From the State of Georgia's Department of Community Affairs' (DCA) Landlord-Tenant Handbook: The date the rent is due should be stated in your lease or agreed upon by the landlord and tenant. There is no law which specifies any grace period or designates a rent due date. Rather, a grace period is a matter of agreement between the landlord and tenant. It allows the tenant extra time in which to pay the rent without breaching the lease or rental agreement. The landlord and tenant may agree to any grace period they choose or they can agree not to have a grace period. In addition, a grace period may be created based on the landlord's conduct of accepting late rent over the course of several months without charging a penalty. If a tenant fails to pay the rent by the required date, including the time allowed for a grace period, the landlord may charge a late fee if the late fee is provided for in the lease. If the lease does not allow for a late fee, the landlord is not allowed to impose such a fee. The amount of the late fee will be the amount agreed upon by the landlord and tenant in the lease itself.
In the State of Maryland how much time does a landlord have to return a deposit after the tenants vacate?
In the State of Maryland, a landlord has 45 days from the date a residential tenant vacates the premises to return any security deposit, minus any deductions for damage. Within 30 days of the date the tenant vacates, the landlord must notify the tenant in writing of any damage deductions being taken from the security deposit. If a landlord fails to return any portion of the security deposit rightly owed to the tenant, the tenant can sue the landlord for up to three times the amount of the security deposit that was wrongly withheld, plus attorney fees. Maryland has many online legal self-help resources on landlord-tenant law and other subjects. For a directory of these resources, visit the Maryland Courts Self-Help Directory related link.
Are there limits for late fees under Georgia landlord tenant agreement?
SINCE EVERY STATE IS DIFFERENT, the best thing to do is go to your local TOWN HALL, and ask to see the book that has your state statutes and laws regarding LANDLORD/TENANT renting and leasing laws. It's ALL THERE. Good Luck! <<<ADR>>>
What happens after given 3 day notice to vacate property?
This is official notification that you, the Tenant, have three days to pay the rent or vacate the premises (a landlord can't give you three days' notice just to vacate). If you don't vacate the premises, or you don't catch up on your rent (including any late fees if applicable) by then, the landlord can file eviction proceedings against you (take you to court and ask a judge to force you out of your home).
