Delinquent Rent Question

[bcdunkel]

Wisconsin

Our lease reads:

"Delinquent Rent: If rent is received after the 1st day of the month, tenant shall pay a late fee of $25. If rent is received after the third day of the month, the tenant shall pay a late fee of $25 plus a late charge of $10 per day until rent is paid in full."

We paid our rent on 2/8 and our landlord is trying to tell us this indicates we owe a late fee of $250. This does not appear to match with what the lease (above) states. By our math based on that wording we would owe $95.

Who is correct based on that wording?

 

[PayrollHRGuy]

I got $95 as the worst case as well. Tell your LL to show his math.

 

[HRZ]

PS ...pay the full amount you claim is correct up thru date paid ....

Depending on how worded in lease... if you delay the late fee as in full payment , the time clock keeps on running

I agree with PayrollHRGuy as to math ....

 

[bcdunkel]

I got $95 as the worst case as well. Tell your LL to show his math.

She tried. She was doing math as $25/day for the first 3 days and $35/day after that. This is not how the lease reads, though (as evidenced by your reading of it and ours).

Thanks for the response!

 

[not2cleverRed]

Wisconsin

Our lease reads:

"Delinquent Rent: If rent is received after the 1st day of the month, tenant shall pay a late fee of $25. If rent is received after the third day of the month, the tenant shall pay a late fee of $25 plus a late charge of $10 per day until rent is paid in full."

We paid our rent on 2/8 and our landlord is trying to tell us this indicates we owe a late fee of $250. This does not appear to match with what the lease (above) states. By our math based on that wording we would owe $95.

Who is correct based on that wording?

Perhaps he thinks that each additional day is an additional $25 + $10...

Agree with previous posters.

 

[bcdunkel]

Thanks to everyone for their responses. We were really just seeking confirmation of what we believed the lease stated and it seems everyone agrees with what we see as well!

Thank you again!

 

[adjusterjack]

"Delinquent Rent: If rent is received after the 1st day of the month, tenant shall pay a late fee of $25. If rent is received after the third day of the month, the tenant shall pay a late fee of $25 plus a late charge of $10 per day until rent is paid in full."

I can see that as being interpreted two ways.

(25+10) x 8 = 280.

Or

25 + (10 x 8) = 105

I wonder what a judge would say.

 

[PayrollHRGuy]

Or

25 + (7 x 10) = 95

The $25 is due if the rent isn't paid before 23:59:59 on the 1st.

There are 7 days 2 - 8 at $10/day.

I could also argue (though even I really don't beleive it) that the $10/day doesn't start until after 23:59:59 on the 3rd.

I know where you are coming from on the 8 as the multiplier but I disagree. The rent is not late at all if paid on the 1st so you can't count that.

 

[HRZ]

If the LL cannot get her math right, the judge is,sure to be annoyed with LL. , and one of the judges around me might hand me my hat and tell me that since it was that unclear the tenant was entitled to ambiguity that none applied...

I vote $95 but acknowledge that words might mean $10 begins on 3d day ..and if tenant addresses that ambiguity..he gets it.

 

[adjusterjack]

Right. First day doesn't count.

 

[FarmerJ]

My tired brain understands that the lease says > the tenant shall pay a late fee of $25 plus a late charge of $10 per day until rent is paid in full."< and if the LL really intended for a higher penalty to the tenant it could have been written to say >>>> If rent is received after the 1st day of the month the tenant shall pay a late fee of $25, and If rent is received after the third day of the month, the tenant shall pay a additional fee of $25 plus a late charge of $10 per day until rent is paid in full."<<< so that way if rent were 3 days late the late fee would have grown to 50 and each day after the 3rd day a additional ten , the way its written now I would say is in the tenants favor and since landlords are supposed to be in business I have a hard time imagining a judge being willing to rule for the LL on this. Anywho its bedtime, that first night back is always a super tiring one LOL.