Maximum late fee on rent in VA

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Latest post 03-10-2010 12:31 PM by Drew. 2 replies.
  • 03-10-2010 10:59 AM

    • trinee627
      Consumer
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    • Joined on 03-10-2010
    • VA
    • Posts 1

    Maximum late fee on rent in VA

    What is the norm and maximum for late fees on residential rent in VA specifically Fairfax county

  • 03-10-2010 12:15 PM In reply to

    Re: Maximum late fee on rent in VA

    There are three places in the VA landlord tenant statute that refer to late fees.

    55-248.7.A on Page 11

    55-248.15:1.A on Page 19

    55-248.34:C. on Page 34

    http://www.dhcd.virgin...

    Nowwhere in there is there a definition of "norm" or "maximum." But there is a reference to "reasonable."

    A bit of googling did not reveal any case law in VA on the topic.

    So, basically, the late fee is what you agreed to and signed for when you signed your lease.

    Should you wish to dispute the amount of the late fee, it would fall upon you to prove (not just say) that the late fee was "unreasonable."

    How much of a late fee are you being charged?

     

     

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  • 03-10-2010 12:31 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,498

    Re: Maximum late fee on rent in VA

    It may be up to court to divine what is unreasonable.

     

    What is rent and what is late fee you agreed to pay?

     

    Wild guess--but if you agreed to a late fee in range of 25% of monthly rent on 5th day or a daily surcharge of 25% until paid up , or an acceleration clause of balance due on 10th day  that might not strike me as unreasonable...and some of the craftier leases around me pack enforcement,legal, and collection fees in as added rent.

    Now politically, the local judge won't go for it if as a LL  if she thinks I am overboard and it reads like adhesion --so be wary of local bench social leanings as well.

     

    Note the VA law such as it is, which doesn't really cap late fees, may not apply at all to single family residential home  rentals



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