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I have a question about late fees. In Massachusetts how many…

Hi, I have a...

Hi, I have a question about late fees. In Massachusetts how many days does the rent have to be late before a Landlord is legally allowed to charge a late-fee?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, not yet.

Lawyer's Assistant: Have you talked to a MA lawyer about this?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that's most of the relevant information. Thank you

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Answered in 1 minute by:
4/5/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,051
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 4 months ago
Awesome, thank you, ***** ***** your help.

You are most welcome!

The landlord cannot charge a late fee until the rent is 30 days late; please see here

Section 15B states this clearly:
"(c) No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due."

The link to that statute is here

Here is a helpful source for landlord/tenant related questions.

I hope this helps!

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 14,051
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you very much!

Most welcome; thank you kindly for the positive rating; take care!

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Customer reply replied 4 months ago
Also, sorry, quick follow-up that just occurred to me. Can the statute you listed in section 15B possibly be construed as, if you are late on your rent (say a day or two), we a land lord just can't charge you a late fee until 30 days later, or is really such that if I pay my rent before the rent is 30 days late, then the land lord cannot legally charge me a late fee?

Sorry; just got this-

no, the idea of the statute is the "grace period" and it would defeat the intent of the legislatures if the landlord was able to charge a late fee after 30 days, for days falling within that window.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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