Legal Question in Landlord & Tenant Law in Missouri
is a $15 per day late fee legal in Missouri in a residential lease
Asked on 3/22/14, 5:14 pm
1 Answer from Attorneys
Anthony Smith
LawSmith
If both parties agreed to the rate of the charge, and what would trigger it, $15 per day might be enforceable in Missouri. But, that amount seems unusually high. It is likely that a trial judge would only grant it for a short time, or substitute it with interest on the unpaid rent. Having the amount spelled out could backfire on a landlord that wanted to evict. If the tenant pays the back rent and late fees, they could stay. Not paying rent on time is a breach of the lease that allows the landlord to evict. But, where the lease spells out the penalty, making the landlord whole negates the breach and prevents eviction.
Good luck
Answered on 3/28/14, 2:57 pm