Wednesday, March 4, 2015

is a $15 per day late fee legal in Missouri in a residential lease

Question

is a $15 per day late fee legal in Missouri in a residential lease



Answer

If both parties agreed to the rate of the charge, and what would trigger it, $15 per day might be enforceable in Missouri. But, that amount seems unusually high. It is likely that a trial judge would only grant it for a short time, or substitute it with interest on the unpaid rent. Having the amount spelled out could backfire on a landlord that wanted to evict. If the tenant pays the back rent and late fees, they could stay. Not paying rent on time is a breach of the lease that allows the landlord to evict. But, where the lease spells out the penalty, making the landlord whole negates the breach and prevents eviction.

Good luck



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