No rental agreement/Outlandish late fees

[kurt1959]

In April of 2007, I signed a 1-year rental with my landlord. That agreement is now expired. I am still living on the premises, but still with no renewed rental agreement. This month, we are unable, so far, to pay the rent, so he is tacking on a $40 per day late fee. Is this legal? Can he even charge us rent without an agreement?

P.S. Although we have no rental agreement, we have been living in the home and taking care of it. (i.e. repairs, upkeep, etc.)

 

[Gail_in_Georgia]

In the absence of a written lease, the tenant is considered to be a month to month renter. And yes, your landlord can charge you rent even without a lease.

What state do you live in? Some states have limitations on how much can be charged for late rent. Still, even if you live in a state that does not, $40 a day late fee is quite excessive.

Your landlord should consider starting the eviction process instead. In many states only a 30 day notice is require to terminate a month to month tenancy (in my state of Georgia the landlord is required to give 60 days notice). No reason for termination need be provided.

Gail