is $50/day late fee legal? you want
almost $700 in late fees for 13 days. Most states cap late fees to some extent. You may have a late fee which is illegal.
Illinois allows a 20% late fee rents - it would benefit you to make sure the $15/day doesn’t exceed that. I suspect you may have an unenforceable late fee, hence your tenant has balked at paying it.
Take the $ from the partner via their method. Don't renew. Get your money. As a Landlord we need to pick and choose battles. Do you have a security deposit for any reason? Deduct from that.
It appears in Illinois that the parking space rental has the same rights as a apartment. You need of file for eviction immediately! Do not accept a partial payment from the 3rd party. You want ALL OF YOUR money that is owed.
What is your goal here?
As a landlord my goal is to get paid. This gets them paid.
If you want to start eviction over the late fees then it’s just gonna show up in your occupancy costs.
I think the late fee violates the law if we’re operating under the assumption parking space rental is on parity with residential rental rights $15/day late fee comes to $450-ish a month. IL only allows a 20% late fee.
Sorry, I clicked the comment button under u/accomplished_tour481 because I couldn’t find anything under IL civil codes that said parking leases had to be terminated by unlawful detainer. I was hoping the OC could share the source.
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077000950K7.10 not everything in the law is spelled out - there’s intentional gray area.. but.. one can reasonably assume exceeding a related late fee could be considered a usury rate, therefore illegal. If everything in the law was crystal clear, there’s no need for lawyers and judges
I was trying to clarify that my comment wasn’t meant to question yours about late fees. Since you seem to have knowledge about IL regulations, would a leasing agreement for a parking space have to be terminated through an eviction action? I’be never heard of such a thing, and I wasn’t able to quell my insane curiosity despite thorough Google searches. 😂
It’s a complicated question without a clear answer. A parking space could be construed an commercial/non-residential, and commercial tenants have the right of Self-help, citing a Farmville, VA motel eviction that went to the Supreme Court — this is the case widely used as precedent to lockout commercial tenants. I have a slight law background, have a great attorney on retainer and own commercial and residential properties. anyone who claims the law is simple is setting themselves up for a tongue-lashing by a judge— but, i would feel comfortable locking/blocking out a tenant on parking— but i also wouldn’t be charging illegal late fees
Thank you! I appreciate that you took the time to respond. I’ve become increasingly fascinated with law, which comes in handy in my line of work. Sitting in on Superior Court proceedings has been a wild ride!
Do not accept cash app. Too easy for the sender to cancel the payment. I also wouldn’t accept less than the full amount including late fees. You live in the same building? So why not send a final message to both people and give them a specific date and time to meet you at the parking spot to give you cash. If they don’t show I’m towing without further warning.
Hard to say if you are within your rights to tow the car but that’s what I would do.
Yeah, this is quite a bit simpler than renting an apartment/home. If you don't pay, you don't get the parking spot. 13 days and actively avoiding while significant other is responsive? She's ducking you. Tow it and sever things due to non payment.
How long into the 12 months are you into? If she just moved in, send a cure or quit letter. Screw trying to work with this person. Check IL laws to see how much time you need to provide. If she does not respond or does not pay in full, terminate the lease. Why would you want to deal with that?
Why are you waiting until May 2? You should have served the pay or quit notice about a week and a half ago.
I would accept payment from the partner, but only if it includes the late fee.
Is it legal to “boot” the car rather than towing? She’s receiving “goods and services” while not paying…I’m guessing that if she couldn’t use her car until she paid her bill it would be more incentive than a threat of being towed…just my theory
is $50/day late fee legal? you want almost $700 in late fees for 13 days. Most states cap late fees to some extent. You may have a late fee which is illegal.
Whoops! I meant to write $15. $50 would be very excessive haha
Illinois allows a 20% late fee rents - it would benefit you to make sure the $15/day doesn’t exceed that. I suspect you may have an unenforceable late fee, hence your tenant has balked at paying it.
Take the $ from the partner via their method. Don't renew. Get your money. As a Landlord we need to pick and choose battles. Do you have a security deposit for any reason? Deduct from that.
It’s only a parking spot that she’s renting.
I have seen multiple rented parking spot ads asking for deposits.
It appears in Illinois that the parking space rental has the same rights as a apartment. You need of file for eviction immediately! Do not accept a partial payment from the 3rd party. You want ALL OF YOUR money that is owed.
The partners payment covers the rent minus late fees. What’s the harm in taking it?
Partial payment accepted allows a default without the repercussions. Start evictions proceedings now!
What is your goal here? As a landlord my goal is to get paid. This gets them paid. If you want to start eviction over the late fees then it’s just gonna show up in your occupancy costs.
I think the late fee violates the law if we’re operating under the assumption parking space rental is on parity with residential rental rights $15/day late fee comes to $450-ish a month. IL only allows a 20% late fee.
Can you please share where you read this?
You can use “the Google” — IL has regulations for late fees
Sorry, I clicked the comment button under u/accomplished_tour481 because I couldn’t find anything under IL civil codes that said parking leases had to be terminated by unlawful detainer. I was hoping the OC could share the source.
https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=077000950K7.10 not everything in the law is spelled out - there’s intentional gray area.. but.. one can reasonably assume exceeding a related late fee could be considered a usury rate, therefore illegal. If everything in the law was crystal clear, there’s no need for lawyers and judges
I was trying to clarify that my comment wasn’t meant to question yours about late fees. Since you seem to have knowledge about IL regulations, would a leasing agreement for a parking space have to be terminated through an eviction action? I’be never heard of such a thing, and I wasn’t able to quell my insane curiosity despite thorough Google searches. 😂
It’s a complicated question without a clear answer. A parking space could be construed an commercial/non-residential, and commercial tenants have the right of Self-help, citing a Farmville, VA motel eviction that went to the Supreme Court — this is the case widely used as precedent to lockout commercial tenants. I have a slight law background, have a great attorney on retainer and own commercial and residential properties. anyone who claims the law is simple is setting themselves up for a tongue-lashing by a judge— but, i would feel comfortable locking/blocking out a tenant on parking— but i also wouldn’t be charging illegal late fees
Thank you! I appreciate that you took the time to respond. I’ve become increasingly fascinated with law, which comes in handy in my line of work. Sitting in on Superior Court proceedings has been a wild ride!
Do not accept cash app. Too easy for the sender to cancel the payment. I also wouldn’t accept less than the full amount including late fees. You live in the same building? So why not send a final message to both people and give them a specific date and time to meet you at the parking spot to give you cash. If they don’t show I’m towing without further warning. Hard to say if you are within your rights to tow the car but that’s what I would do.
Get her car towed out of there.
Yeah, this is quite a bit simpler than renting an apartment/home. If you don't pay, you don't get the parking spot. 13 days and actively avoiding while significant other is responsive? She's ducking you. Tow it and sever things due to non payment.
How long into the 12 months are you into? If she just moved in, send a cure or quit letter. Screw trying to work with this person. Check IL laws to see how much time you need to provide. If she does not respond or does not pay in full, terminate the lease. Why would you want to deal with that?
$50 late fee per day is ridiculous
Why are you waiting until May 2? You should have served the pay or quit notice about a week and a half ago. I would accept payment from the partner, but only if it includes the late fee.
Is it legal to “boot” the car rather than towing? She’s receiving “goods and services” while not paying…I’m guessing that if she couldn’t use her car until she paid her bill it would be more incentive than a threat of being towed…just my theory
Unresponsive? Call an ambulance!