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Is it legal to retroactively collect late fees that were not assessed during the terms of the lease of a rental home?

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Landlord is trying to collect late fees that were not assessed after we moved out. Never mentioned or notified in writing an intent to assess the late fees. Landlord received all rent payments and informed us that everything was fine. Now they are attempting to assess them after the fact in effort to keep the security deposit.

Attorney Answer

1
Ray Garcia ·
You need to review the lease agreement. The landlord may be able to do this so long as his lease has an anti waiver provision and he complies with the notice requirements of the lease agreement. The anti-waiver provision states that the landlord does not waive his right to enforce a term of the lease because he did not previously do so
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