Are fines or penalties legal?
Generally speaking, yes. But fines and penalties must be specifically detailed in your lease agreement before you can charge them. If it’s not in the lease, you cannot charge extra fees. As long as your lease agreement includes language specifying the penalties and the violations they apply to, you are within your rights to issue fines.
How much should a fine or penalty be?
When determining appropriate fine amounts, think about the severity of the violation and the impact it has on you as the Milford property manager. It’s important to bear in mind that fines should not be excessive or unfairly punitive. If the penalty you demand is higher than the incurred damages, the odds are that it will be considered unenforceable, and you probably won’t win your case in court.
Another aspect to think about is your ability to collect the charges from your renter. Fining a renter should only be used as a last resort because it brings such a great risk of permanently destroying any good relations you may have with them. If you think you are out of options, then setting reasonable fine amounts will increase your odds of actually obtaining it. Renters are far more likely to choose not to pay excessive fines or to sue you to avoid paying them. It’s critical to weigh the potential benefit of collecting a fine against the consequences, which could include losing a renter or facing a legal dispute.
Are there limits on the amount you can charge?
It’s critical to remember that some states do have limits on how much can be charged for certain violations. For example, states like Delaware, Nevada, and Washington, D.C. limit late rent payment fees to 5% of the monthly rent amount. Other states have regulations that state the late fee must be “reasonable” and that it must be specifically stated in the lease.
Some states may have other limitations relating to fines for lease violations. As a result, it’s important to see state and local laws before setting fine amounts in your lease agreement. It is also recommended to consult a lawyer or local rental market expert before setting fine amounts in your lease agreement.
In conclusion, fines and penalties for lease violations can be beneficial in convincing renters to respect their agreements. Yet, it’s essential to check that any fines or penalties you charge are legal, appropriate, and in compliance with state and local laws.
Real Property Management Absolute has extensive experience with all things property management, including lease agreements and tenant relations. If you want advice regarding a lease agreement or any other matter involving your rental property, contact us online to see what we can do for you.