What is the name of your state (only U.S. law)?
I live in Washington State, where my prior rental is. Owners live in Canada.
I lived in this rental on a short interim lease for 4 months. My landlord is trying to keep almost all of my Security Deposit. I paid a $ 1000 Security Deposit and the only thing that needed to be done was the propane tank filled for$ 200 dollars. We left the house and property in better shape than when we moved in. She returned $ 359 of the deposit, filled the propane tank for $ 200 and is trying to charge us $ 440 in late fees ($ 5 per day for 88 of the 110 days we lived there. Most of the rent was paid on time (although it took almost a week to mail to Canada), but she made and accepted payment arrangements via email with me if the rent was going to be late. She never once mentioned a $ 5 per day late fee - ever. We were there during the walk thru when we moved out and she said everything was fine and we agreed the ONLY thing that would come out of the deposit was filling the propane tank. I have upteen emails verifying we were on the same page as to what was owed and where we stood on the rent. There IS a clause in her 25 page lease that says: "Late Fees" the owner expects the tenant/s to pay the rent promptly. Should exceptional circumstances prevent prompt payment, tenant/s agree to pay a late fee of $ 5.00 per day, in addition to outstanding rent. Since determining actual damages caused by tenant/s late payment would be difficult or impractical, both parties agree to regard the owner's damages as equal to the amount given here". BUT if the landlord accepts payment arrangements, and never implements the $ 5 per day clause, doesn't she waive her right to it? Especially after not mentioning it once in 4 months, then taking $ 440 out of the Security deposit and say it's for late fees after I move out. Don't the emails count for anything, where she is stating we are all caught up - and she would accept payments at a agreed upon date?
SECOND ISSUE:
Also - in the lease there is provision that says:
"Illegal provisions not affecting legal provisions: Whatever item in this agreement is found to be contrary to any local, state or federal law shall be considered to be null and void, just as if it had never appeared in this agreement, and it shall not affect the validity of any other item in this agreement".
IS THIS EVEN LEGAL?? How can a contract be entered into when parts of it MIGHT be illegal??
And below that clause it states - "Non-waiver": Should either the owner or the tenant waive their rights to enforce any breach of this agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although the owner may know when accepting lease monies that the tenant is violating one or more of this agreement's conditions, the owner, in accepting lease monies is not in any way waiving her rights to enforce the breach. Neither the owner not the tenant shall have waived their rights to enforce any breach unless they agree to a waiver in writing."
THIRD ISSUE:
This landlord herself broke the lease multiple time and I have emails proving this fact. She tried to tell me I owed two months rent (for Feb & March) when I paid her January's Rent and March's (Last Month's Rent) in January. She said she was applying what I paid for last month's rent to a new lease (WHICH DIDN'T EVEN EXIST YET) - and that I owed her a month's rent for March. Per her own lease, NO changes can be made to the current lease without both our signatures.
Can you please tell me - -
1) Is she legally entitled to keep $ 440 in late fees ($ 5 per day) for 88 days out of the 110 days I lived there? When March's (last month rent) was early and she told me to keep January's rent until the 24th as she was making the trip down and I couldn't mail it to Canada sooner than that?
2) Are the clauses in the second paragraph/ issue even legal?
3) Does her breaking the lease mutiple times null and void the entire lease?
4) Can I sue her for 2 to 3 times my Security Depost of $ 1000 if she does not return this other $ 440 she is not entitled to, with 15 days (15 days per her lease)?
Thank you very much,
DebWhat is the name of your state (only U.S. law)?
I live in Washington State, where my prior rental is. Owners live in Canada.
I lived in this rental on a short interim lease for 4 months. My landlord is trying to keep almost all of my Security Deposit. I paid a $ 1000 Security Deposit and the only thing that needed to be done was the propane tank filled for$ 200 dollars. We left the house and property in better shape than when we moved in. She returned $ 359 of the deposit, filled the propane tank for $ 200 and is trying to charge us $ 440 in late fees ($ 5 per day for 88 of the 110 days we lived there. Most of the rent was paid on time (although it took almost a week to mail to Canada), but she made and accepted payment arrangements via email with me if the rent was going to be late. She never once mentioned a $ 5 per day late fee - ever. We were there during the walk thru when we moved out and she said everything was fine and we agreed the ONLY thing that would come out of the deposit was filling the propane tank. I have upteen emails verifying we were on the same page as to what was owed and where we stood on the rent. There IS a clause in her 25 page lease that says: "Late Fees" the owner expects the tenant/s to pay the rent promptly. Should exceptional circumstances prevent prompt payment, tenant/s agree to pay a late fee of $ 5.00 per day, in addition to outstanding rent. Since determining actual damages caused by tenant/s late payment would be difficult or impractical, both parties agree to regard the owner's damages as equal to the amount given here". BUT if the landlord accepts payment arrangements, and never implements the $ 5 per day clause, doesn't she waive her right to it? Especially after not mentioning it once in 4 months, then taking $ 440 out of the Security deposit and say it's for late fees after I move out. Don't the emails count for anything, where she is stating we are all caught up - and she would accept payments at a agreed upon date?
SECOND ISSUE:
Also - in the lease there is provision that says:
"Illegal provisions not affecting legal provisions: Whatever item in this agreement is found to be contrary to any local, state or federal law shall be considered to be null and void, just as if it had never appeared in this agreement, and it shall not affect the validity of any other item in this agreement".
IS THIS EVEN LEGAL?? How can a contract be entered into when parts of it MIGHT be illegal??
And below that clause it states - "Non-waiver": Should either the owner or the tenant waive their rights to enforce any breach of this agreement, that waiver shall be considered temporary and not a continuing waiver of any later breach. Although the owner may know when accepting lease monies that the tenant is violating one or more of this agreement's conditions, the owner, in accepting lease monies is not in any way waiving her rights to enforce the breach. Neither the owner not the tenant shall have waived their rights to enforce any breach unless they agree to a waiver in writing."
THIRD ISSUE:
This landlord herself broke the lease multiple time and I have emails proving this fact. She tried to tell me I owed two months rent (for Feb & March) when I paid her January's Rent and March's (Last Month's Rent) in January. She said she was applying what I paid for last month's rent to a new lease (WHICH DIDN'T EVEN EXIST YET) - and that I owed her a month's rent for March. Per her own lease, NO changes can be made to the current lease without both our signatures.
Can you please tell me - -
1) Is she legally entitled to keep $ 440 in late fees ($ 5 per day) for 88 days out of the 110 days I lived there? When March's (last month rent) was early and she told me to keep January's rent until the 24th as she was making the trip down and I couldn't mail it to Canada sooner than that?
2) Are the clauses in the second paragraph/ issue even legal?
3) Does her breaking the lease mutiple times null and void the entire lease?
4) Can I sue her for 2 to 3 times my Security Depost of $ 1000 if she does not return this other $ 440 she is not entitled to, with 15 days (15 days per her lease)?
Thank you very much,
DebWhat is the name of your state (only U.S. law)?
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