Dear TRC Counselor,
My landlord is charging me late fees during the pandemic! Are they allowed to do this? It is not fair for them to take thousands of dollars in rental assistance from CHAPs and then turn around and charge me 6 months of late fees that are now posted to my tenant portal. How can I sue them?!
Dear Native Nevadan,
I understand your frustration. As a TRC Counselor, we had have this question arise often with clients who are unsure about the rapidly changing rules under the various moratoriums. At the start of the pandemic, there actually was a ban on late fees. However, as of September 2021, landlords may charge late fees on past due rent. CHAPs assists with past due rent, but will not cover the late fees. So, that is why you are seeing late fees posted to your tenant portal for the months where the rent was late.
However, please be advised that Assembly Bill 308 prohibits late fees from being imposed prior to the 3rd day of the month. This is a great help to families who do not get paid until the third day of the month. You should also check your lease because some agreements state that late fees will not be added until after the fifth day of the month! You can bring your lease agreement to the TRC if you need advice our guidance on your specific situation.
Finally, when it comes to late fees they should not exceed 5% of your base rent. Your base rent is the amount you are required to pay, not including the cost of utilities and other fees like parking or storage. The Tenant Rights Center can assist you with calculating late fees and any other questions that may arise. Just complete an online intake form on our website or give us a call at (702) 383-6095. We also accept walk ins to the office.
Your TRC Counselor