tenent landlord issues

[metixy]

I recently lost my job, and I am currently drawing unemployment and enrolled in a program were I look for work and they help pay my rent. I have been on the program for that month. My rent has been paid in full, but in my lease it states that if the rent isn't paid by the 5th of each month you will have to pay a 100.00 late fee. My landlord knows the situation, and I keep him well informed of what is going on. He is pressing me about the late fee, and threatening to evict over it. It doesnt state in the lease anything about eviction if late fee isn't paid, can he do this when the actual 450.00 rent is being paid?

 

[army judge]

Well, your landlord can't evict you.

He can ask you to leave.

When you don't leave he can file an eviction action against you.

In court (six, or so weeks later), you might be offered the opportunity to pay the late fee plus any additional late charges and his court costs to cure the amounts owed.

If you refuse, then and only then, will a judge order you evicted.

You see, only a judge can evict you. A landlord csn merely ask you to vacate the premises.

If I were you, I'd contact the agency that pays your rent. Tell them that your landlord demands the rent to be paid according to the lease on the fifth of the month.

Ask the agency if they can make sure your landlord receives payment no later than the fifth of each month.

Bottom line, it isn't their responsibility to make sure YOUR rent is paid by a date certain. That is your responsibility.

You might have to pay up the $100, if you want to avoid eventually being evicted. Or, beg your landlord to change the lease provisions for being in time from the fifth to the tenth.

This your problem. You must fix it. If the landlord won't play ball, you'll cough up the additional $100 or get ready to be hauled into evictions court!!!!

 

[metixy]

Ok, I already knew all that, what I am asking is how can evict on a late fee? According to another source it states that in most cases late fees are illegal, he is demanding $100 late fee, and it doesn't matter if you are 1 day late or 10. It doesnt state in the lease either

 

[army judge]

Ok, I already knew all that, what I am asking is how can evict on a late fee? According to another source it states that in most cases late fees are illegal, he is demanding $100 late fee, and it doesn't matter if you are 1 day late or 10. It doesnt state in the lease either

I was civil in my answer to you, I suggest you be civil in your response to me and others that volunteer their time to assist people on this forum.

That said, charging fees for being late with rent payments is not illegal, per se.

If, on the other hand, your lease does not provide for the assessment of late fees; you probably can't be evicted for these assessments.

I don't know what is in your lease, nor do I care to know.

If your landlord believes he can assess these fees, he more than likely will do so.

If you don't pay the fees, he will likely bring an eviction action against you.

If the fees are not agreed to in your lease, then you probably won't be evicted for not paying said fees.

The court will be the ultimate entity to decide any dispute arising from the assessment of any fees over and above your monthly rent.