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  1. #1
    Mel198410 is offline Junior Member
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    Can they charge never ending late fee

    What is the name of your state (only U.S. law)? Minnesota
    My landlord charges two dollars a day late fee that does not stop adding up until it is all paid. Fr example we were late in march we had the rent just not the late payments because neither of us had work at the time well she wouldn't take just the rent and now she is saying we owe the $150 plus another $146 for late fees. They have taken partial payments and waived the fees for other tenants in the park but refuse to do anything with us. We feel like they are trying to make us move with out evicting us. They harass us and tell people in our town that we don't pay our bills and other things. The even have told my mom at the bar that they don't like my husband and think he is worthless. They have even picked a fight with us when they come home drunk. We have tried going to the owner of the park and he basically told us we have to deal with their harassment because we have had a history of paying late. I just don't know if we have any legal right regarding any of this at least with the late fee. We pay $150 a month for rent. Any advise would be helpful.
  2. #2
    Searchertwin is offline Senior Member
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    Quote Originally Posted by Mel198410 View Post
    What is the name of your state (only U.S. law)? Minnesota
    My landlord charges two dollars a day late fee that does not stop adding up until it is all paid. Fr example we were late in march we had the rent just not the late payments because neither of us had work at the time well she wouldn't take just the rent and now she is saying we owe the $150 plus another $146 for late fees. They have taken partial payments and waived the fees for other tenants in the park but refuse to do anything with us. We feel like they are trying to make us move with out evicting us. They harass us and tell people in our town that we don't pay our bills and other things. The even have told my mom at the bar that they don't like my husband and think he is worthless. They have even picked a fight with us when they come home drunk. We have tried going to the owner of the park and he basically told us we have to deal with their harassment because we have had a history of paying late. I just don't know if we have any legal right regarding any of this at least with the late fee. We pay $150 a month for rent. Any advise would be helpful.
    Sounds like LL does not like you. The fact is, what they are doing is legal.
    If you don't pay, you pay the extras fees. If they don't want to work with you, they have that option. You cannot force them because they did everyone else.
    What is harassment to you is different to everyone else. In this case, it is is pointless to use. You will lose. Sorry
  3. #3
    ajs09876 is offline Member
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    Late Fees

    The rent must be paid on the date it is due. When a tenant is late in paying rent, the landlord has the legal right to start eviction proceedings. (See page 24 for an explanation of eviction proceedings.) If a tenant pays rent late, the lease may require the tenant to pay a late fee. The lease must state how much the late fee will be and when it is due. The late fee must be a reasonable amount that compensates the landlord for actual damages resulting from late payment but is not designed to penalize the tenant. (56)
    [url=http://www.ag.state.mn.us/Consumer/housing/lt/LT2.asp#LateFees]Office of Minnesota Attorney General Lori Swanson[/url]

    I don't think requiring you to pay 100% of the rent is right. The landlord would have to prove actual damages in the amount they are charging for a late fee. Example would be a late payment fee on their mortgage, costs for mailing the notice to you, ect.

    Someone please correct me if I'm wrong, but those fees in that amount do not seem fair and seem to punish the tenant more then cover the costs of the landlord.
  4. #4
    Who's Liable? is offline Senior Member
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    No, a LL is not allowed to charge exorbinant late fees as they wish. Most states LL/T laws state the fees must be included in the lease agreement, as stated before, while other are silent on the matter. However judges tend to rule against LLs who charge late fees that are deemed unconscionable.

    Since this is a trailer park, some of the rules might be different. Verify with your states LL/T laws.
  5. #5
    divona2000 is offline Senior Member
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    Quote Originally Posted by Mel198410 View Post
    ...My landlord charges two dollars a day late fee that does not stop adding up until it is all paid. Fr example we were late in march we had the rent just not the late payments...now she is saying we owe...$146 for late fees....We pay $150 a month for rent...
    Quote Originally Posted by ajs09876 View Post
    ...I don't think requiring you to pay 100% of the rent is right...
    OP said the lot rent is $150 a month, and late fee is $2 a day. It seems that LL is charging them late fees for being behind on paying the late fees...73 days worth so far.

    Quote Originally Posted by ajs09876 View Post
    ...The landlord would have to prove actual damages in the amount they are charging for a late fee. Example would be a late payment fee on their mortgage, costs for mailing the notice to you, ect...
  6. #6
    ajs09876 is offline Member
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    It doesn't matter how they charge a late fee, there are laws which limit how high they can go.

    My landlord is charging me for "late fees" when I only pay a few days late. Can they do this?
    The short answer is: kind-of. Minnesota law obligates you to pay your rent the day it's due. If you pay late, the landlord may require a "late-fee" but this fee may not be a penalty and must be in proportion to the amount of money the landlord lost because of your late payment. Therefore, a late fee of something like $25 -- or even $10 -- a day is probably illegal because it's clearly a penalty and bears no relation to what a landlord actually lost.
    If a landlord show you late-fees for paying a mortgage, see when those late fees begin (it's usually not until they've missed their payment by weeks and then it's usually a relatively small amount). If they say they needed to hire extra clerical help to deal with your late payment, make them prove it. Remember, you have the right in any legal case to see evidence: don't believe what your landlord tells you unless he or she is willing to show you proof.
    [url=http://www.tenant.net/Other_Areas/Minnesota/faq.html]Minnesota Landlord-Tenant FAQ's[/url]
    Charging late fees is customary in most leases. However, as of August 1, 2010, in Minnesota, you should know that there are 2 new laws relating to how and when you can charge late fees.
    #1 Ė For leases starting after January 1, 2011, the landlord cannot charge more than 8% of the monthly rent amount as a late fee UNLESS there is a federal law to the contrary (i.e. HUD or RD housing). For example, if you charge a tenant $500/month for rent, you CANNOT charge that tenant more than $40 in late fees for a given month ($500 x 8% = $40).
    #2 Ė If it is not written into the lease that you can charge late fees, you are prohibited from charging late fees. As a landlord, you need to state in the lease that you have the right to charge late fees if rent is late by a certain number of days and also how much that late fee is.
    [url=http://www.lawoutsidethebox.com/minnesota-landlord-tenant-law/charging-late-fees-2-new-landlord-tenant-laws/09/]New Landlord Tenant Laws in MN | Charging Renters Late Fees | Law Outside the Box[/url]

    150*8%= $12. Not $2 a day. Illegal!

    I canít find anything saying that living in a mobile home makes a difference on the late fees. Iíve never lived in one, so I donít know. Here is the website to the Attorney Generalís website for MN as it deals with landlord tenant law.

    [url=http://www.ag.state.mn.us/consumer/housing/lt/default.asp]Office of Minnesota Attorney General Lori Swanson[/url]

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