What is the most a landlord can charge for a late fee?
Full Question:
We pay $620 for rent per month but if we are late there is a $10.00 charge for every day, so if we are late for 30 days it's $300. I have heard that the landlord can only charge 10% of what your rent is that month. Could you all let me know if I have to pay this late fee for sept 2007.
10/31/2007 |
Category: Landlord Tenant |
State: Ohio |
#11352
Answer:
The following are Ohio statutes:
§ 5321.06. Rental agreement terms.
A landlord and a tenant may include in a rental agreement any terms and
conditions, including any term relating to rent, the duration of an
agreement, and any other provisions governing the rights and obligations
of the parties that are not inconsistent with or prohibited by Chapter
5321. of the Revised Code or any other rule of law.
Sec. 5321.03
(A) Notwithstanding section 5321.02 of the Revised Code, a
landlord may bring an action under Chapter 1923. of the Revised Code for
possession of the premises if:
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building, housing, health, or
safety code that the tenant complained of was primarily caused by any act
or lack of reasonable care by the tenant, or by any other person in the
tenant's household, or by anyone on the premises with the consent of the
tenant;
(3) Compliance with the applicable building, housing, health, or safety
code would require alteration, remodeling, or demolition of the premises
which would effectively deprive the tenant of the use of the dwelling
unit;
(4) A tenant is holding over the tenant's term.
(5) The residential premises are located within one thousand feet of
any school premises or preschool or child day-care center premises, and
both of the following apply regarding the tenant or other occupant who
resides in or occupies the premises:
(a) The tenant's or other occupant's name appears on the state registry
of sex offenders and child-victim offenders maintained under section
2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders
indicates that the tenant or other occupant was convicted of or pleaded
guilty to a sexually oriented offense or a child-victim oriented
offense in a criminal prosecution and was not sentenced to a serious
youthful offender dispositional sentence for that offense.
(B) The maintenance of an action by the landlord under this section does
not prevent the tenant from recovering damages for any violation by the
landlord of the rental agreement or of section 5321.04 of the Revised Code.
(C) This section does not apply to a dwelling unit occupied by a student
tenant.