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Unintended Usurious Clause

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MichLandlord

Junior Member
What is the name of your state (only U.S. law)? Michigan

Hello, I let a friend live rent free in my house for 9 months with the agreement he will pay me back rent when he got a job. When it started I figured a month or 2 tops. After 6 months I started to get nervous a wrote a contract in regards to him paying back the debt. The total stay was 9 months rent free. The agreed upon repayment was $200 a month till the debt was paid. I put a $10/day late fee in the contract to deter late payments which didn't work but I only inforced the clause 1 time. When I was fed up with being paid late everytime. Now he is 2 weeks late and not returning phone calls or texts. It is becoming clear he does not plan to pay me. The $10/day fee was meant to deter late payments, not be used as this. I just want my initial rent money and do not wish to pursue any late fees. I fear that amount could be considered usurious. If I chose to wave that clause on those grounds will I be alright? Would a judge still look negatively on the clause? Could the contract be considered void? Thanks!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Michigan

Hello, I let a friend live rent free in my house for 9 months with the agreement he will pay me back rent when he got a job. When it started I figured a month or 2 tops. After 6 months I started to get nervous a wrote a contract in regards to him paying back the debt. The total stay was 9 months rent free. The agreed upon repayment was $200 a month till the debt was paid. I put a $10/day late fee in the contract to deter late payments which didn't work but I only inforced the clause 1 time. When I was fed up with being paid late everytime. Now he is 2 weeks late and not returning phone calls or texts. It is becoming clear he does not plan to pay me. The $10/day fee was meant to deter late payments, not be used as this. I just want my initial rent money and do not wish to pursue any late fees. I fear that amount could be considered usurious. If I chose to wave that clause on those grounds will I be alright? Would a judge still look negatively on the clause? Could the contract be considered void? Thanks!
You don't need to start another thread - please keep this question in your earlier thread.
 

MichLandlord

Junior Member
My apologies. Just trying to get a clear answer. I figured since this is more contract law than lanlord-tenant here would be a good place to ask.
 

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