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.

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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.

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Answered on 11/20/03, 6:06 pm


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