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I'd like to know if my LL is allowed to charge me late fees for remaining months even though he noted my move out date.
Anonymous1 views2 answers
This is in regards to me having broken a lease to relocate for work. My landlord sent me a pretty hefty total remaining balance for the remainder of the lease. He included late fees for each month and he left out a $1000.00 non refundable "pet fee." In damage beyond wear and tear, he included a $60 carpet cleaning fee but nothing out of the ordinary. Had the guy had a heart and counted my "pet fee" towards rent owed and left off the late fees, the matter would be settled.
Basically I'd like to know if he is allowed to charge me late fees for the remaining months even though he noted my move out date. And I'd also like to know if there's anything I can do to get the pet fee allocated, whole or in part, to the remaining balance.
Probably not, but it depends on the lease. You would have to read the lease. Late fees can be assessed, but you have to be late. Also, under a lease, the landlord has a duty to try to release the premises to mitigate his damages. Once its released, you owe only up to that date. So is this lease in Washington? If not, you need to consult a lawyer in the state you breached. As to the non-refundable pet fee, it was not refundable, so it is lost. Further, late fees have to be reasonable as to the damages suffered. (ie. if your lease was for 1,000 a month, late fees cant be 100,000). You need to get your lease, and call a lawyer.
Matthew Robert KaminskiDivorce / Separation LawyerSeattle, WA ·
You need to go over the lease. Generally a landlord cannot seek late fees for months after a lease is broken. The late fee is to compel payment of rent but you have terminated the lease by moving out.
The deposits are a different story and again need to be gone over in the lease.
You should set down some time to review this with an attorney and find out what can be done.
Good Luck,
Matt
