Submitted by Anonymous on Sat, 11/13/2010 - 18:07
I have just received a letter in the mail about a late fee charge. My lease has ended since September and ever since then he has been charging my late fee charges. My rent is due on the first of every month. I mail out my rent payments because we are required to mail it out only and so I always try to mail it out a few days before the 1st of the month. In September he cashed out my check on the 13th, and in October he received my check on the 13th as well. He now just sent me a late fee charge of $43.75! Is this illegal for him to do???? because it has not been over 30 days?? I need advices! Please help!
As from what I know the
As from what I know the stipulations of your old lease are still in effect. I would read it and check to see what it states as far as late fees and your "grace" period. I know in my lease it is stated that if it is more then 3 days late there will be an additional fee of $15.
isn't that illegal???
But I thought that is illegal do to in the state of Massachusetts? By reading the Tenants Rights Law, from what I understand that is illegal.
just to clarify.
Just wanted to clarify for you. When I said 3 days late it is more of a scare tactic as I do not start charging until day 33. None of my tenants have been late with the exception of one, which was for good cause (his mom passed away) and for him I worked out a payment arrangement as I know it was going to be difficult with the other expenses.
Late fees in Massachusetts
For a late fee to be enforceable in Massachusetts, the fee must be spelled out in the lease and the rent must be at least 30 days late, regardless of what the lease says.
I sent the Landlord a letter stating it was illegal ???
Ok, that is what I thought. I feel like my landlord is doing is purposely and in retaliation due to an argument him and I had over the phone in the beginning of this year because I complained about the neighbor downstairs having his surround sound system blasting at 11 o'clock at night and my floors were trembling throughout. And since my lease did end in September, could he be doing this on purpose to kick me and my fiancée out? I did just mail out a letter to my landlord stating that "from what the Massachusetts Tenants Rights Law" says it was illegal of him to charge me a late fee of 43.75 for it has not gone pass 30 days. Then I also sent him a copy of the Tenants Rights Law (the section where they talk about Late Fees and Late Payment Penalty's). Was that wrong of me to do? What do you think he will do next? Do you think he'll just ignore the letter and keep on charging me? Should I take this to the next level if he continues to charge me excessive amounts of late fees? I'm telling you now I am not going to pay the ridiculous charge. Who can I tell if he is ripping off his tenants? Is there anyone I can tell to get him in trouble????? HELP!