In rental lease agreement, there is nothing written in the lease about late fees if the rent is late nor was it discussed prior to signing t...

Question

In rental lease agreement, there is nothing written in the lease about late fees if the rent is late nor was it discussed prior to signing the lease. Can a landlord assess late fees at will?

Answer

In Ohio, if the landlord wants to assess late fees, you can certainly argue that there has to be something in the contract allowing him to do that. For instance, in the case of Neubauer v. Patzkowski, 1992 Ohio App. LEXIS 2919, before Ohio's Tenth District Court of Appeals, the Court held that "Nevertheless, we conclude that since the tenancy was by oral agreement, there can be no late charges assessed in the nature plaintiff contends."

This response given is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.