Lease Doesn't Provide for Late Fees

Tenant complained of a rent overcharge based on landlord's collection of late rent payment fees. The DRA ruled for tenant and ordered landlord to refund $50 that it had collected from tenant as late fees. Landlord had charged tenant $10 per month. Landlord appealed and lost. Landlord charged late fees under a ''business policy'' notice it posted in the building. But there was no provision in tenant's original lease for collection of late rent payment fees. So landlord couldn't collect the fees, and doing so was an overcharge.

The McCarther Corp.: DHCR Adm. Rev. Dckt. No. RI410091RO (1/27/04) [2-pg. doc.]