Legal Question in Landlord & Tenant Law in Illinois

Can they charge me $25.00 per day on an $800.00 apartment? That is so wrong. I paid them half $400.00. They knew I was waiting for rental assistance from salvation army. They are late in getting it to them. So I paid. Now she wants the $25.00 per day. Or is $25.00 for the month good.

I can't figure out the late fee formula in the book. I am terrible at math.


Asked on 11/09/10, 12:19 pm

1 Answer from Attorneys

Your assistance needs should have been written into the lease if they knew about it, and it may not be too late to do that and straighten things out.

In Chicago we have a special ordinance that limits late fees as follows, but only if you are living in an apartment complex (could be more than 1 building) of 3 or more units where the landlord does NOT live there.

The ordinance says your lease can NOT have a provision that would charge you more than the following:

"...h) agrees that a tenant shall pay a charge, fee or penalty in excess of $10.00 per month for the first $500.00 in monthly rent plus 5% per month for any amount in excess of $500.00 in monthly rent for the late payment of rent; and..."

So if the ordinance applies and your rent is $800, 5% of $300 is $15, plus $10 for the first $500, so yes they can charge $25 as a late fee BUT ONLY ONCE FOR THE MONTH, not every day..... !!!

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 11/14/10, 6:36 pm


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