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My question is about late fees for storage units. state RCW…

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My question is about...

My question is about late fees for storage units. Washington state RCW 19.150.150 states that "Any late fee charged by the owner shall be provided for in the rental agreement. No late fee shall be collected unless it is written in the rental agreement or as an addendum to such agreement. An owner may impose a reasonable late fee for each month an occupant does not pay rent when due. A late fee of twenty dollars or twenty percent of the monthly rental amount, whichever is greater, for each late rental payment shall be deemed reasonable, and shall not constitute a penalty."

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Washington state my question is : can landlords legally write contracts that violate the law?

Lawyer's Assistant: Has anything been filed or reported?

Huh?

Lawyer's Assistant: What confuses you?

Your questions, seems like you didn't read my question

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
10/4/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,116
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

The answer to your question is no. If your contract has been drafted illegally then the contract is going to be unenforceable. This means that neither you nor the other part of your bound to the terms of the contract or at least you are not bound to the term that is illegal. I know that this is a very short answer to your question, but did you have any other questions for me? If not, will you satisfied with your service today?

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Customer reply replied 10 months ago
I'm curious if I have any legal recourse if they have collected late fees based on a contract that is a penalty of 83% of the monthly fee - the monthly fee is $90 for the storage unit, and the late fee is $75.
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Goodness, please forgive me, that was for another customer. One moment...

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Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok, yes, you will have legal recourse because the contract provision was illegal. You may be able to sue for the damages you incurred for everything above what the legal rate was.

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