Legal Question in Landlord & Tenant Law in Massachusetts
When does a late rental fee apply?
We have a tenant who is late on their rent this month. The signed Lease states they will be charged $25 for each week the rent is late. Do we have to wait a full seven days before charging them????
Asked on 11/20/03, 5:24 pm
2 Answers from Attorneys
David Baker
Law Office of David Baker
Re: When does a late rental fee apply?
For a RESIDENTIAL tenant, you can't charge a late fee until the rental period (usually a month) has passed. That is, you couldn't charge a late fee for November until after December 1, if it it is a monthly rental situation. This rule might not apply for a commercial tenant. Best wishes.
Answered on 11/21/03, 11:46 am
Thomas Murphy
Law Office of Thomas Murphy
Re: When does a late rental fee apply?
A landlord cannot charge a late fee unless the rent is 30 or more days late, and any provisions to the contrary in a lease are void.
Answered on 11/20/03, 6:06 pm