Legal Question in Real Estate Law in New Jersey
Late fees on lease agreements
Rental Dispute � tenant claiming that late fees are illegal.
From the Truth in Renting book from the Department of Community Affairs, State of New Jersey the following statements appear:
GENERAL PROVISIONS
A lease may permit a �late charge� when the rent is not paid by a certain date.
Background:
Tenant signed a lease agreement with XX --September 11, 2000.
LEASE TERMS:
One Year
Rent $700 per month plus $100 per month to go to an escrow account to be held in escrow for tenants closing costs when sales is completed.
Late fees to be assessed: $25.00 per day starting on the 6th day. Rent is due the 1st day of the month.
10. EVICTION: If the tenant does not pay the rent when it is due, the tenant may be evicted.
11. PAYMENTS BY THE LANLORD: If the tenant fails to comply with the terms of the lease, the landlord may take any required actions and charge the cost, including reasonable attorney�s fees, to the tenant as additional rent.
18. ENTRY BY LANDLORD: Upon reasonable notice, the landlord may enter the property to provide services, inspect, repair, improve or show it.
1 Answer from Attorneys
Re: Late fees on lease agreements
Our firm can assist you. We represent owners and managers of over 3000 residential apartment units in NJ.
If you are in a rent controlled municipality the late fee may not be able to be collected as additional rent in an eviction case filed in court. You can still assess the late fee but you cannot evict the tenant for failing to pay it if the amount of the late fee will make the total rent due exceed the amount of rent permitted to be charged by rent control.
Please visit our web site and review our Law Review articles at
New Jersey Real Estate Law ~ New Jersey Law in Review
http://www.njlawnet.com/njlawreview/njrealestatelaw.html
Call me if I may be of further assistance.
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