Full question:
I have a signed lease agreement in Massachussets with my tenant. They have bad credit, so the terms of the lease agreement stipulate escalating late fees if the rent is more than 10 days late. This was a concession to rent my house to them given the bad credit history. Now they are late on the rent (due the 1st and not paid until the 19th) Now he doesn't want to pay any late fees despite the signed lease agreement , stating it is illegal in Massachussets to charge late fees until rent is more than 30 days late. Since he signed the agreement, and given those terms are there because of the bad credit history, isn't the lease condition legally binding?
- Category: Landlord Tenant
- Date:
- State: Massachusetts
Answer:
The landlord-tenant relationship is governed by the lease agreement, which is a contract. However, in Massachusetts, state law regulates what can be included in these agreements. Specifically, late fees cannot be charged unless the rent is more than thirty days overdue. This means that even if the lease states otherwise, the law takes precedence. A landlord is not allowed to impose any late fees until the rent is at least thirty days late (Mass. Gen. Laws ch. 186, § 15B). While you can begin eviction proceedings if the rent is only one day late, charging late fees before the thirty-day mark is not permissible. Therefore, despite the signed lease agreement, the tenant is not legally obligated to pay the late fees as you have outlined them.
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.