Legal Question in Landlord & Tenant Law in Missouri
Rent paid in cash
I rented from a friend, and paid the rent in cash. Her husband never gave receipts and never argued how or when the rent was paid. It was a month to month contract. When we gave our notice all of a sudden he wants lat fees for everytime we were late. If rent was paid in cash, How can it be proved rent was paid on time or late? Who is at fault the landlord or renter for late fees?
1 Answer from Attorneys
Re: Rent paid in cash
You only owe late fees if there is a written lease that provides for it. Otherwise you don't owe them.
If there is a written lease and they never collected the late fees as they went along, then the doctrine of "waiver" kicks in and their failure to collect it at the time bars any attempt to collect it now.
Never rent without a written lease.
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