Landlord Can Charge $25 Late Fee for Returned Rent Check

LVT Number: 15111

Tenant complained of a rent overcharge. Landlord had charged her a $25 fee for late payment of rent, $25 for return by the bank of a rent check, and $25 for a bounced check fee. The DRA ruled against tenant. Tenant appealed and lost. Tenant's lease allowed landlord to charge the late fee and the returned check fee. However, the lease didn't provide for a bounced check fee, and this duplicated the returned check fee. But no overcharge finding was made because tenant never showed that she actually paid any of these fees to landlord.

Tenant complained of a rent overcharge. Landlord had charged her a $25 fee for late payment of rent, $25 for return by the bank of a rent check, and $25 for a bounced check fee. The DRA ruled against tenant. Tenant appealed and lost. Tenant's lease allowed landlord to charge the late fee and the returned check fee. However, the lease didn't provide for a bounced check fee, and this duplicated the returned check fee. But no overcharge finding was made because tenant never showed that she actually paid any of these fees to landlord.

Gates: DHCR Adm. Rev. Dckt. No. MJ310021RT (4/30/01) [3-pg. doc.]

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