I live in VA and my landlord accepts what I would call "partial" payments on monthly rent. I write a rent check and my roommate writes a check for each part. Our lease is a "simple terms" lease and states the following under the Late Fees:

"If you fail to pay the rent in full before the end of the 5th day of the month, you will pay us, as additional rent, a late fee of 10% of the monthly rent after the 5th of the month. The late fee is due on the 6th of the month. We do not waive the right to require payment of the rent in full on the date it is due."

My question is that if one of our checks bounces, should we be required to pay the 10% of the entire base rent or just the rent check that bounced? To me, it does not clearly state that 10% is only of what was unpaid.

Someone please help!!! I need answers right away.

Ace High

"The Rent" is a designated amount agreed upon by both parties. (the landlord and tenant) Any disagreements would be based on the full amount unless specifically written otherwise. If I had a roommate who bounced a check causing the fee to happen, I would have that roommate pay the fee. --- Ace

Cvillecpm

Yes - your rent was late. In VA, the lease document rules as there are no statutes on late rent fees/charges.

In my lease, you would owe a late fee AND a NSF check fee.

ScottGem

Just to makje sure we're clear here. A rental is not considered paid until paid in full. Therefore, if any portion of the rent is unpaid, the entire rent is late.

So the rental would be late and a full late charge of 10% of the entire amount is due.

But I agree with Ace, the the roommate that bounced the check should pay the 10%.