LL charging late fees after cashing rent check

[zkkattakk]

What is the name of your state (only U.S. law)? Virginia
My landlord called saying that he was charging me $200 almost half of my rent in late fees three days after rent was due. I sent the check in more than a week before this and my bank confirmed that it was cashed 6 days before he called. I called him back and told him what my bank said and he told me I have no proof since I don't have a receipt. what should I do?

[Raisingmaddy]

Originally Posted by zkkattakk

What is the name of your state (only U.S. law)? Virginia
My landlord called saying that he was charging me $200 almost half of my rent in late fees three days after rent was due. I sent the check in more than a week before this and my bank confirmed that it was cashed 6 days before he called. I called him back and told him what my bank said and he told me I have no proof since I don't have a receipt. what should I do?

Go to your bank and get a copy of the check...

[zkkattakk]

I had it faxed to them. they didnt respond.

[Equeen]

You have proof if what the bank told you is correct they can provide you with proof & it sounds like the late fees are unreasonable. Courts don’t like unreasonable late fees.

But was your rent late? You state a week before this and 6 days before that but bottom line was it late? If it wasn't you need to make copies of your proof, put in writing that you disagree and here is the proof, and get it to the LL. Certified Mail is best so you can prove the LL got it.

If your rent was late, what does your lease or rental agreement say about late fees? Mine are spelled out very specifically, aprox 10% of the rent and do not compound daily. I have heard some LL do it very differently so your specific agreement will tell you what you owe unless what is in the lease doesn’t follow your state specific laws. I hear Virginia is tough on tenants, makes them follow the letter of their commitments. I wish I was in Virginia!

Also some states require a grace period, mine does, 5 day grace period before late fees can be applied. Check the laws in your state.

[E.Rodriguez]

Originally Posted by Equeen

Also some states require a grace period, mine does, 5 day grace period before late fees can be applied. Check the laws in your state.

What state is that, that requires a grace period on rent payments. ??

[youngbliss]

yup 4 days in mine. then the late fee usually 10 of you rent at most.

[justalayman]

Originally Posted by zkkattakk

I had it faxed to them. they didnt respond.

maybe that is their way of acknowledging your proof.

I have found nothing that prevents a LL from charging a late fee. You need to refer to your lease agreement to determine what, if any late fee is allowed. A fee that is of such a great percentage of you monthly rent for a day or two seems unconscionable. As such, many courts may not enforce such a exorbitant fee nor allow the refusal to pay such a fee as justification to seek an eviction. That is something you hopefully you will not get to figure out.

I would contact the LL and ask if they got the fax and if so, ask if the fee has been rescinded. If he says he has not gotten the fax, I would send it to them via certified mail with return receipt. If this has not been settled by next rent due day, I would also include a copy with your next rent payment.

[E.Rodriguez]

Originally Posted by youngbliss

yup 4 days in mine. then the late fee usually 10 of you rent at most.

What does this mean?

4 day grace in your lease? 10% of your rent on day 5?

What does your lease say... and were you late? and if you weren't then what is the problem.

You didnt even call them to ask if they got the copy of the check? I'm sure if what you are saying is true, they did get it.. and no news, is good news.