retroactive lates fees

[alice1]

We recently terminated a month to month rental agreement after years of occupancy in California. Our ex-landlord is now attempting to collect late fees for every day (not month, mind you) that we were late . Our rent was always paid every month, and the late charge was waived verbally "don't worry about it" then never brought up again. Doesn't the cashing of our monthly checks without demanding payment of late fee waive their claim to payment now?

[This message has been edited by alice1 (edited October 18, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by alice1:
We recently terminated a month to month rental agreement after ten years of occupancy in California. Our ex-landlord is now attempting to collect late fees for every day (not month, mind you) that we were late over the past ten years! Our rent was always paid every month, and the late charge was waived verbally "don't worry about it" then never brought up again. Doesn't the cashing of our monthly checks without demanding payment of late fee waive their claim to payment now?<HR></BLOCKQUOTE>

If there is a late fee provision in the written lease agreement then the contract prevails. There is no waiver of late fees because the rent checks were cashed although you could argue that point. You could also raise the issue that there was a verbal agreement of the waivers and this is further supported by L not sending any demand notice that a late fee was assessed and should be paid.

You have a good argument so fight L. How long has it been since you moved out and when did L notify you in writing that part or all of your security deposit would be forfeited?

 

[alice1]

We turned in our keys last month, we received their letter within three weeks.

[This message has been edited by alice1 (edited October 17, 2000).]

 

[Tracey]

I'd side with you -- he waived the fees until you decided to move & he realized he'd have to paint the place & replace the 20 year old carpets. Now he's looking for a way to make you pay for the carpets & the late fee is his excuse. I'd argue that since he waived the late fees orally every time, he can't collect them now just because you left. Your argument would be even stronger if he made you pay the fees occasionally. Then you could argue that not demanding the fees is evidence he waived them.

Start researching how to win your small claims court suit.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[alice1]

Thanks for the feedback.



[This message has been edited by alice1 (edited October 18, 2000).]