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Is it legal or even ethical for a landlord to secretly record allegedly unpaid late fees for seven years?
I live in Alabama in a rental house. I have been living there for over seven years and have paid my rent on time most of the time. When I was late I always added the late fee to the rent check when I paid it. I did write on the check “Rent + late fee”, so that I can recall the late fee in the future. The landlord has said nothing to me about the alleged late fees at all, until I am trying to buy a house. I had the potential mortgage company (for the house I am trying to buy), call my landlord for my rental history. Now the landlord decides to hit me with alleged late fees (27 late fees at the cost of over $1300).
I am looking for serous answers, hopefully from a real-estate lawyer that will take pity on me and give free advice.
My landlord has and office close to the house I am renting. I would put my check into their box when It is due, just to find out that she counted it late. It seems that they count it late when they check their box. For an example: If the rent is due on the on the 25th of the month and I put it in their box on the 25th, but the 25th is a Friday, they pick it up on Monday. There is not a stipulation in the lease for the rent to be paid before Business hours are over on the due date. If the rolls were revesed I would have said something back in 2004 that my renter has a late fee, and not wait 7 years.
4 Answers
- EisbärLv 71 decade agoFavorite Answer
First of all, what did your lease agreement say? And what is the statute of limitations for collecting such late fees for rental contracts in your state? Or what is the SOL for collecting debts? Because if it is less than 7 years, any fees the landlord claims existed from before then, the landlord would be barred to even try to collect because he/she slept on his/her rights. If your lease agreement had no clause about it and you had no notice, then I would argue that there is no debt, because you never agreed to it, nor even have any reason to pay it since you did not know about it.
And if there was absolutely no mention of a late fee clause in your lease, and you had no notice, or make an agreement about it, I would counter sue for tortuous interference with a business expectation, and possibly for slander or libel (if it was written) for making false claims you are a dead beat, when you never knew about it, nor given the opportunity to pay it, had you been told.
So the question is, is the landlord saying now that they are planning to go after you for all these late fees? Because if that's the case, then you should definitely consult an attorney. If they aren't, you could still go see a lawyer to see if you have a case for the other stuff I mentioned that caused you to lose the sale for that house you were planning to buy, and for the defamation. Just remember though, if it was written in the lease and you signed it, then the late fees are valid, however, any of the late fees that accrued from long ago, if you were never given an opportunity to pay it or refuse it or defer it, then the statute of limitations could bar those ones, if the SOL has already ran.
- Joseph CLv 61 decade ago
I don't understand. If he wants late fee's didn't he list the dates? Then u can follow up with copy of check from bank. Anything that is a lie u can write a rebuttal. Which can include the fact that u have never been asked to move plus other facts. Like when u R late a late payment is included & prove with some check copies over the years.
- Dr. WDLv 51 decade ago
Your checks have dates and amounts on them, so presumably you can show which ones you paid and which ones had an additional amount for late fees. Maybe this is a good candidate for small claims court.
- Anonymous4 years ago
i'm additionally a landlord and it states needless to say interior the hire settlement that unpaid lease, expenses and fee would be deducted from the risk-free practices deposit, than it incredibly is felony!! Plus they signed it, so it incredibly is a felony binding settlement!