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Questions about late fees and court dates

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What is the name of your state (only U.S. law)? New Jersey.

I tried google but did not find anything on this. I have lived here for over a year and signed my lease renewal in November. The late fee has always been $50 if paid after the 5th. Well about a month later, a different property management company took over the complex and sent us 'letters' that the late fee would now be 10% of our rent starting in January. Is that legal? I know since I'm on a yearly lease that they can't raise actual rent until signing of the next renewal, but what about late fees? We signed the lease saying our late fee is $50.

My other question is, does anyone have an idea around how long it takes for the landlord to get a court date after filing for eviction? They will be filing on the 18th but I will have all rent money by the 25th, and am just hoping the court date will be later than that so I can pay it beforehand. Thanks for any help!
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? New Jersey.

I tried google but did not find anything on this. I have lived here for over a year and signed my lease renewal in November. The late fee has always been $50 if paid after the 5th. Well about a month later, a different property management company took over the complex and sent us 'letters' that the late fee would now be 10% of our rent starting in January. Is that legal?
Nope, they cannot do that.

I know since I'm on a yearly lease that they can't raise actual rent until signing of the next renewal, but what about late fees? We signed the lease saying our late fee is $50.
Then thats what the late fee is.

My other question is, does anyone have an idea around how long it takes for the landlord to get a court date after filing for eviction? They will be filing on the 18th but I will have all rent money by the 25th, and am just hoping the court date will be later than that so I can pay it beforehand. Thanks for any help!
If you do, get a receipt, and being late all the time is grounds for eviction in NJ even if you are paid to date at the time of court. They will notify you that they will not continue to accept your late rent, and can file for eviction without notifying you the day after you don't pay the next month, and out you go.
 
I want to explain more about this turn over to new management. I renewed my lease with the old mgmt. company in November. A month later, a new company took over, but same people running the rental office. I just looked at my renewal lease, and yes it definitely says in bold, $50.00 late fee. Now here is the letter from new management:

"Effective January 1st, 2010 the fee for late rent will be 10% of your monthly rent. The late charge in the amount of $50.00 for rent received at the leasing office after the 5th of the month will be amended and in its place, residents will now receive a late charge of 10% their monthly rent for any payment not received by the 5th of the month."

So, because this new company took over, they can just send a LETTER and it "amends" whatever they want to change in the lease? So they can just send us a "letter" and change anything at any time? I am fuming...but I'm afraid to say something about it right now since I am late this month. But if this is illegal, I should only have to pay $50.
 

Banned_Princess

Senior Member
I want to explain more about this turn over to new management. I renewed my lease with the old mgmt. company in November. A month later, a new company took over, but same people running the rental office. I just looked at my renewal lease, and yes it definitely says in bold, $50.00 late fee. Now here is the letter from new management:

"Effective January 1st, 2010 the fee for late rent will be 10% of your monthly rent. The late charge in the amount of $50.00 for rent received at the leasing office after the 5th of the month will be amended and in its place, residents will now receive a late charge of 10% their monthly rent for any payment not received by the 5th of the month."

So, because this new company took over, they can just send a LETTER and it "amends" whatever they want to change in the lease? So they can just send us a "letter" and change anything at any time? I am fuming...but I'm afraid to say something about it right now since I am late this month. But if this is illegal, I should only have to pay $50.
NO I said that already your lease STANDS.

BUT YOU ARE going to be EVICTED anyway!! you are not focusing here kid.
 
Nope, I'm not going to be evicted! I just talked to the lady at the rental office and I can pay a portion now and sign a paper to promise to pay the rest by the 25th. I won't have to pay legal fees or go to court, as long as I pay by that date. I'm not saying anything about the late fee "amendment" right now though. Maybe after I pay this month's rent.
 

Banned_Princess

Senior Member
Nope, I'm not going to be evicted! I just talked to the lady at the rental office and I can pay a portion now and sign a paper to promise to pay the rest by the 25th. I won't have to pay legal fees or go to court, as long as I pay by that date. I'm not saying anything about the late fee "amendment" right now though. Maybe after I pay this month's rent.
Fine, good for you but please take note that in NJ you CAN be evicted for chronic late payments, and if you are late they DO NOT have to accept your rent, and start to evict day 2.

You better start paying in full and on time if you don't want to live in constant fear of being evicted... which I would if I were you.
 
This is the first time since I've been here I had to go through this, I am always on time. That is why I was kind of clueless as to how it was going to work out. I should be fine for next month and thereafter. Thanks for your help!
 

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