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Old 05-20-2001, 12:47 AM
Ken21
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I live in Delaware and have always paid my rent on time for the past 12 years. In the beginning of May I have let my landlord know that I will be couple of days late in rent for the month of May. I have sent partial payments of rent to him and told him that the remaining will be pay in full before the end of the month. He verbally said is O.K and said if I don't pay then he will take me to court. Well,today he send me a letter saying if I don't pay in five days, he will see me in court and he also add a $83 in late fee. I know the lease said the rent is due on the first of each month and no later than 5 days or a 5% fee will be charge. Sometime I pay my rent in seventh and eighth of each month and never got penalize for it.But being a tenant for 12 years and never missed a month of rent before, I have come to him first and ask for his permission about this matter and his answer was O.K.

I will be able to come up with the remaining of the rent in 5 days. But is there any way to fight the $83 in late fee in court if he does take me to court for the $83. I was in his office in May 3 and he did give me a oral agreement. Can he go back on his words? Is this enforceable in court? I know $83 is not a lot of money but it's the principle.
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Old 05-20-2001, 01:03 AM
dj1
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I guess the landlord FINALLY realized what a great deal you are getting in rent...

And wants you to move, so pay the money and keep quiet.

After all 12 years you should have saved quite a bit of cash, just in case he gives you a 30 day notice to move....right?
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Old 05-20-2001, 02:06 PM
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In Chicago, there are limits to how much a late fee can be. The approach in Chicago is that a late fee can be $10.00 late fee on all rentals under $500.00 PLUS 5% on the amount of the monthly rental over $500.00.

Thus, if the monthly rent was $800.00, then the late fee could be up to but not to exceed $25.00.

So, you should see if any state statute or local law or ordinance is like Chicago and limits the amount of the late fee.

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