Legal Question in Landlord & Tenant Law in Mississippi

Received bill for $520 for late fees since beginning of tenancy

Moved in: 10/1/03, signed 90 day lease, expiring on 12/31/03. On 12/16/03 in a letter dated 12/10/03 and posted on my door asked me to sign new lease effective 01/01/04 or ADDITIONAL CHARGE OF $25/month would be effective 01/01/04. Lease states: ''Management may increase monthly rental in effect by giving tenant written notice 35 days prior to increase. Landlord has a $25/month-to-month fee each month''. I was given the notice of increase on 12/16/03 -- not 35 days' notice. I asked landlord to give me proper written notice of increase and I would agree to pay it. Nothing happened. On 03/02/05, I received a bill for $520 in late fees effective 01/01/04 through current time. Landlord now states (after 15 months of no contact whatsoever) that the $520 are FEES -- not increase in rent and I have to pay it. What in the world is this all about a word in the lease. What can I do? What rights does he have? This is extortion based on a word in the lease. He is billing me for 15 months on something that he would not discuss with me in Dec. 2003.

I certainly hope that I may receive a response. Thank you so very much.


Asked on 3/03/05, 7:52 pm

1 Answer from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: Received bill for $520 for late fees since beginning of tenancy

You owe every penny. The 35-day notice pertains to increased charges within the lease period. What you received was notice that, after the lease period expires, should you choose to stay, there will be increased costs. You stayed, so you owe. It certainly would have been prudent for the landlord to discuss matters with you in 2003, but they were not required to do so. You were given written notice of the new policy and, by staying, you consented to the new policy, regardless of your objections. I understand your frustration, but the law in this scenario is not on your side.

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Answered on 3/04/05, 12:09 pm


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