Legal Question in Real Estate Law in Georgia

I leased a townhouse for 6 months and it was stated in my lease that rent was due on the 27th and late on the 1st and all late payments would be assessed a $50 late fee. I was late every and paid around the 5th each month in full. The landlord never assessed the late fee and never mentioned the fee over the course of our dealing. When I moved out he kept the late fee out of my deposit and I feel this was his a novation of the contract. He never mentioned the late fee when I paid late. I feel he did this on purpose to rack up late fees, he knew if he would have assessed the late fee I would not have been late again. I am trying to decide if I should take this to magistrate court??


Asked on 12/01/10, 6:08 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

The fee was in the lease - that is your notice. That is exactly what a lease is for - to provide both parties with notice of their obligations. You admit you paid late and the lease clearly tells you the late fee is owed. No contract should be signed without understanding this. You may also find in the lease that no changes are made to the terms unless in writing.

You can try to sue for this, and risk losing and risk that every potential future landlord can pull your credit report and see that you sued a landlord. You can hope they don't look further to read your arguments. Maybe you win -- the lawsuit is still on your records.

Alternatively, you can recognize that you were the one, and the only one (based on your post), to violate the terms of the lease, pay up, and accept responsibility and realize that when you sign a lease or any other contract you are bound by the terms.

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Answered on 12/06/10, 6:17 am


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