Rent, Utilities Can my landlord charge a fee on an outstanding balance of late fees

[AceHole]

Jurisdiction

North Carolina

The issue: My landlord uses a third party online payment process. The payment does not post immediately and will most likely post after the 5th day if you don't pay it on the first. Due to this, I racked up a good amount of late fees (which the office failed to notify me about). I just kept paying my rent like normal. An unrelated issue came up and they then let me know that my account has not had a zero balance in months and basically threatened eviction. They said they were being nice by not evicting me for the outstanding balance. I asked for a ledger and I see that they charged the late fees for the months it didn't post in time (that's another question for another time), but each subsequent month, they charged another late fee for the total outstanding balance. Is this legal in the state of North Carolina? I know the law states "A late fee under subsection (a) of this section may be imposed only one time for each late rental payment." But, does that apply to an outstanding balance?

 

[army judge]

The issue: My landlord uses a third party online payment process. The payment does not post immediately and will most likely post after the 5th day if you don't pay it on the first. Due to this, I racked up a good amount of late fees (which the office failed to notify me about). I just kept paying my rent like normal. An unrelated issue came up and they then let me know that my account has not had a zero balance in months and basically threatened eviction. They said they were being nice by not evicting me for the outstanding balance. I asked for a ledger and I see that they charged the late fees for the months it didn't post in time (that's another question for another time), but each subsequent month, they charged another late fee for the total outstanding balance. Is this legal in the state of North Carolina? I know the law states "A late fee under subsection (a) of this section may be imposed only one time for each late rental payment." But, does that apply to an outstanding balance?

More than likely the answer you seek can be found in your lease.

I doubt that NC has a law prohibiting landlords from charging late fees.

If your state has such a law, that would be your affirmative defense at an eviction proceeding.

In the future, why not HAND DELIVER your rental payment to the office?
That way, you could ensure you receive a dated receipt.

Or, pay your rent earlier if you persist in using the online payment system.

Good luck.

 

[AceHole]

More than likely the answer you seek can be found in your lease.

I doubt that NC has a law prohibiting landlords from charging late fees.

If your state has such a law, that would be your affirmative defense at an eviction proceeding.

In the future, why not HAND DELIVER your rental payment to the office?
That way, you could ensure you receive a dated receipt.

Or, pay your rent earlier if you persist in using the online payment system.

Good luck.

The lease only states that they can charge $15 or 5% (whichever is greater) That's NC law. Also, the law states they can only charge a late fee once for each late rental payment. I received a notice about another late fee the other day, I knew my rent was on time so I emailed the office and they told me it was a late fee on the outstanding balance (currently paying down) not the current month's rent. Its tough for me to hand deliver my rent because I'm at work when the office opens and still at work when they close. The online process was convenient for my schedule. In addition, this third party payment service was advertised on the lease and recommended by the office. I was unaware that the payments were coming in late until something unrelated came up and they sort of threatened eviction.

 

[army judge]

The lease only states that they can charge $15 or 5% (whichever is greater) That's NC law. Also, the law states they can only charge a late fee once for each late rental payment. I received a notice about another late fee the other day, I knew my rent was on time so I emailed the office and they told me it was a late fee on the outstanding balance (currently paying down) not the current month's rent. Its tough for me to hand deliver my rent because I'm at work when the office opens and still at work when they close. The online process was convenient for my schedule. In addition, this third party payment service was advertised on the lease and recommended by the office. I was unaware that the payments were coming in late until something unrelated came up and they sort of threatened eviction.

If that's YOUR legal argument, you aren't required to make it here.
Be prepared to make that argument during your soon to be impending eviction proceeding.

Good luck with it, mate.

 

[AceHole]

If that's YOUR legal argument, you aren't required to make it here.
Be prepared to make that argument during your soon to be impending eviction proceeding.

Good luck with it, mate.

My lease is up in May, I have a deposit down on another place already. My fear is not that they will evict me, my fear is that I will have to go to court to recover illegal fines and fees. I just don't want the headache. I was posting here to hopefully get some opinions and insight.

 

[army judge]

My lease is up in May, I have a deposit down on another place already. My fear is not that they will evict me, my fear is that I will have to go to court to recover illegal fines and fees. I just don't want the headache. I was posting here to hopefully get some opinions and insight.

You've answered your own question.
If your landlord refuses to return funds to you, or dismiss what you are alleged to owe, YES; off to court you must go.

It doesn't matter what is in dispute, when disputes can't be settled you have two choices.

Let it go, or take the issue to court.

 

[AceHole]

You've answered your own question.
If your landlord refuses to return funds to you, or dismiss what you are alleged to owe, YES; off to court you must go.

It doesn't matter what is in dispute, when disputes can't be settled you have two choices.

Let it go, or take the issue to court.

Guess I should stock up on some Advil...Thanks for your time.