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Late Fees

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C

cowebtech

Guest
What is the name of your state? colorado

We live in a mobile home park, we are purchasing the home from the park owners and we rent the lot. As a result, we have 2 contracts. One is for the lot rent and the other is a Promissory Note and Bill of Sale for the home. The lot rent contract states that the late fee is $5.00 per day until paid and that we have to pay evicition notice fees if we go past the 8th of the month. The mortage Promissory note states that if we go past the 15th the late fee is $20 and that we have to pay eviction fees if we go past the 15th. My husband notified management and the owners that we would be late this month with the mortgage because his employer mailed his check to the wrong address and the check was forwarding for 7 days past the mortgage due date. We paid the mortgage plus the $20 and the $250 evicition fee before we were even served with the eviction papers. They now say we have to pay $5 per day in late fees ($70) and $5 per day extra until we can pay it on 8/3/02. I'm confused about the additional late fees since we have a contract that says its $20. They say they will evict us if we refuse to pay the additional late fees. Can they change the rules mid-stream and charge additional late fees without issuing another contract?
 


JETX

Senior Member
Far too confusing. Give specific information for each payment obligation.

Rent: Due date. One-time penalty. Daily late fees. When paid. Eviction cost.

Note: Due date. One-time penalty. Daily late fees. When paid.
Eviction cost.

Then, what you actually paid and when for each (Rent and Note)


General response:
Q1) "They say they will evict us if we refuse to pay the additional late fees."
A1) I doubt that they are saying the WILL evict you. Actually they are saying they will start PROCEEDINGS to evict you. This will require their filing a lawsuit and convincing a judge that you have been in breach of your agreement. Based on your post, this is unlikely (in my opinion).

Q2) "Can they change the rules mid-stream and charge additional late fees without issuing another contract?"
A2) No, neither party can unilaterally change any contract. However, I question your use of 'issuing' another contract. They don't 'issue' one, they offer one.... you then have the right of accepting or rejection or negotiation.

One more thing.... your post said that you have paid an 'eviction fee'. What does your agreement say constitutes 'eviction'??? Eviction is NOT just sending you a notice to vacate (or to threaten same). The eviction process itself is somewhat drawnout (especially in the event of mobile homes). In my opinion, the 'eviction fee clause' of the agreement should NOT apply if they do not actually file and get a court order (simply, you don't owe the 'fee' until they actually do evict!!). Tell them you want your $250 back!!!
 

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