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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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In my lease, I have a provision that a 10% penalty will apply

Customer Question

In my lease, I have a provision that a 10% penalty will apply if the tenant is 6 days late on paying their rent which is due on the first of the month. Currently, the tenant is behind on rent and likely will not catch up prior to the next due date. Since the past due balance is unpaid, can I charge a late charge even if the tenant pays the monthly rent in full on the first.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Missouri law does not impose any regulations on what late fees may be charged, so if your tenant is late paying rent, and your lease has a written clause giving you the right to this 10% fee, you can charge it (even if the tenant pays in full after that date). You can exercise your discretion whether or not you wish to enforce this term or not (some landlords do not if they want to keep an otherwise "good" tenant in the unit).If your lease did not have any late fee clause you could not impose one, but that is not the issue in your scenario.See also: http://www.nolo.com/legal-encyclopedia/missouri-termination-nonpayment-rent-other-rent-rules.html