Full question:
I went and and paid rent on November 5, 2007. I went in and asked at the office how much it would be since I had some credit due to me. They told me the amount and I wrote the check. They deposited the check and it went through. Two days after paying rent they left a notice on my door stating that I owed $75.00 and also $75.10 late fees. I do not feel that I should have to pay the late fees since it was their mistake. I have no problem in paying the $75.00 since they credited me to much. Do I have to pay this? They even stated to me that it was their fault, that they read something wrong on the computer. The owners state I have to pay it.
- Category: Landlord Tenant
- Date:
- State: New Mexico
Answer:
According to New Mexico law, rent must be paid as outlined in the rental agreement. If there is no agreement, it should reflect the fair rental value of the property. Rent is due without demand at the agreed time and place (N.M. Stat. § 47-8-15). If a rental agreement specifies late fees, the landlord can charge them if rent is not paid on time. However, the landlord must notify the tenant of the late fee by the end of the next rental period following the default.
In your case, since the landlord acknowledged their mistake in calculating your rent, you should not be responsible for the late fees. You are willing to pay the $75.00 that you owe, which is fair. It seems unjust to impose late fees when the error was on their part. You may want to discuss this further with the landlord or seek legal advice if they insist on charging you the late fees.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.