Can a landlord file eviction for late fees alone?

[lightingbird]

What is the name of your state? Missouri

I was wondering if a landlord can do this in the state of St. Louis, Missouri. Now keep in mind all the current rent is paid.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Missouri

I was wondering if a landlord can do this in the state of St. Louis, Missouri. Now keep in mind all the current rent is paid.

My response:

Is this commercial or residential?

IAAL

 

[lightingbird]

Residential.

 

[I AM ALWAYS LIABLE]

Residential.

My response:

Then the answer is no. Late fees are penalties, not rent. Since, in the context of residential leases, the fee is not rent related the landlord's only recourse is to sue you like any other debtor; e.g. in Small Claims court.

Has eviction proceedings already been filed against you?

IAAL

 

[lightingbird]

No.

It is just a situation that this landlord is being excessively rude to me about the late fees. When I am late I always pay but I always get these threats that If I don't pay them. She will file just on them. It gets quite annoying.

It didn't sound right and I just wanted to be sure.

2nd question.

Can they charge late fees on top of late fees?

For example:

My lease states that there is a $50 the first day you are late fee and $10 a day afterwards.

But they also tell me(this part not on the lease)that if the late fee balance is over $100 dollars that it will still increase by the day until its paid. Even if the rent is actually paid. Now keep in mind this is not in the lease, there is no sign of any kind in the office, this is just something that they have tried on me in the past but I have refused to pay these "late fees on late fees".

 

[JETX]

Sorry, but I respectfully disagree with IAAL on this one..... there are cases where a landlord can evict over them.
If the landlords lease agreement (the one you signed) specifically notes that late fees are applied first to any payments, then the issue is no longer overdue late fees, but under-paid rent. And the landlord can evict if you do not pay the full rent when due.

Further, most leases (at least the ones I am familiar with) have a statement that late fees are 'liquidated damages' and therefore could also be valid for eviction.

The key here is how the fees are shown in the lease..... and your acceptance of them by your signature.

"Can they charge late fees on top of late fees?"
*** Yes. However, the example you provided ($50 the first day, then $10 per day after) isn't really 'late fees on late fees'. It is simply a 'continuing penalty' and that is not improper.

 

[mykoleary]

"Can they charge late fees on top of late fees?"
*** Yes. However, the example you provided ($50 the first day, then $10 per day after) isn't really 'late fees on late fees'. It is simply a 'continuing penalty' and that is not improper. [/B]

Actually, the OP stated: "But they also tell me(this part not on the lease)that if the late fee balance is over $100 dollars that it will still increase by the day until its paid. Even if the rent is actually paid."

Therefore, this does seem ot be 'late fees on late fees.' It sounds as if OP is saying that the late rent that the initial late fees were imposed on has been paid, but those late fees have not, thus they continue to charge late fees on the late fees that are "late." For the propreity of this, you'll have to again defer to the lease that you signed to see what it has to say about late fee payments.

 

[HomeGuru]

Clarification: if the lease contains a late fee provision and the tenant pays the rent late and does not pay the late fee, the tenant has defaulted on the lease. L could sent a letter of default and require payment of the late fee and terminate the lease if the late fee is not paid. If the lease is terminated and the tenant fails to move out, the landlord can file for eviction.

 

[HomeGuru]

No.

It is just a situation that this landlord is being excessively rude to me about the late fees. When I am late I always pay but I always get these threats that If I don't pay them. She will file just on them. It gets quite annoying.

It didn't sound right and I just wanted to be sure.


**A: it appears that you have refused to pay the agreed upon late fee and thus have a late fee amount that is being used to calculate additional late fees? Is it true that you pay your rent late and do not pay your contracted late fee?
********
2nd question.



Can they charge late fees on top of late fees?

For example:

My lease states that there is a $50 the first day you are late fee and $10 a day afterwards.

But they also tell me(this part not on the lease)that if the late fee balance is over $100 dollars that it will still increase by the day until its paid. Even if the rent is actually paid. Now keep in mind this is not in the lease, there is no sign of any kind in the office, this is just something that they have tried on me in the past but I have refused to pay these "late fees on late fees".

**A: if your lease does not contain the "over $100 dollars" clause, then such assessment is unenforceable.

 

[I AM ALWAYS LIABLE]

Sorry, but I respectfully disagree with IAAL on this one..... there are cases where a landlord can evict over them.
If the landlords lease agreement (the one you signed) specifically notes that late fees are applied first to any payments, then the issue is no longer overdue late fees, but under-paid rent. And the landlord can evict if you do not pay the full rent when due.

Further, most leases (at least the ones I am familiar with) have a statement that late fees are 'liquidated damages' and therefore could also be valid for eviction.

The key here is how the fees are shown in the lease..... and your acceptance of them by your signature.

"Can they charge late fees on top of late fees?"
*** Yes. However, the example you provided ($50 the first day, then $10 per day after) isn't really 'late fees on late fees'. It is simply a 'continuing penalty' and that is not improper.

My response:

At this point, I must respectfully disagree with my good friend, JetX - - until such time as more information is provided by our writer. In the meantime, our writer is subject to eviction ONLY if the "late fee" is specified as an independent covenant of the rental agreement. Then, and only then, can the late fee itself be the subject of a breach of covenant. Nonpayment of a "late fee" charged as interest on overdue rent may be the subject of a three-day notice if the lease specifies the late fee obligation AS AN INDEPENDENT COVENANT.

However, if our writer's landlord wishes to take advantage of this position he should make sure the rental agreement clearly specifies the accrual date for the late fee. The agreement should also clearly provide that accrual of the late fee obligation will not permit the tenant to defer payment over time - - i.e., that the tenant has an immediate obligation under the rental agreement to pay both the rent and the late fee.

So, we still need to find out whether the late fee provision is a separate covenant, or whether it's part of the monthly rental covenant.

IAAL

 

[dequeendistress]

I have a question in regards to your replies to this situation.

Could the landlord evict for habitually late payments without a signed agreement per both the l/l and tenant signature for said late payment acceptance...which since there are late fees, I will assume there is no such agreement.

If the landlord is within the lease terms in charging late fees and the resident had not made full rental payment prior to the end of the month and the landlord charged the late fee again at the first of the next month, is this incorrect procedure?



I understand IAAL's point that more information is needed.

 

[JETX]

Thank you, IAAL. And I agree with what seems to be clarified position.

And I don't take it as a disagreement at all. Simply, you have confirmed my statement that there ARE "cases where a landlord can evict over them."