Can I make a separate contract stating late fees for tenants if it was left off of lease? | Q&A | SiliconIndia
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Can I make a separate contract stating late fees for tenants if it was
left off of lease?

I had a simple lease agreement with basement tenants. It did not include late fees for rent. They pay
late every month. Can I just write a form saying that after the third a late fee will be assessed and
have them sign it?
Posted 1 year ago in Real estate   Report this question Report abuse
Vidhya salvi
Sales and Marketing

Answers (9)
Their is a life, their is a way.
first of all, You have to talk with
your
tenants with a family approch regarding late payment.
You can solve such
as
problem without any legal documentation.
Posted 1 year ago   Report this answer Report abuse
Mgrshiv Kumar
Recruitment

Yes You can add that now.
Posted 1 year ago   Report this answer Report abuse
Yes,you can make a supplementary agreement stating that after 3rd of month any
rent you receive will be charged a (some %)fee.coz it is mutual no government
laws on it that you can not take.
Posted 1 year ago   Report this answer Report abuse
Manish Singh
Senior Executive

Hi,
Their is a life, their is a way.
first of all, You have to talk with
your tenants with a family approch regarding late payment.
You can solve such
as problem without any legal documentation.
Posted 1 year ago   Report this answer Report abuse
Hitesh Barad
Administrator

Hi Vidhya,

You can always raise the question of LATE fees charges. The
simple way is that the lease agreement (I GUESS ITS THE STANDARD PRECEDENT YOU
HAVE USED) must have an date by which they have to pay the rent. This is
normal in all cases. Now comes the presumption part under the law. When they
default in the payment, you should write to them saying that they need to pay
the rent with 6% interest (market rate) or else the lease agreement will be
terminated by you, as the tenant has defaulted the covenants and assurance
given by him in the Agreement. I am pretty sure this will work and you will
have regular and timely payment.
Posted 1 year ago   Report this answer Report abuse
Rahul Jain
Advocate

Hi Vidhya,

I regret, but nothing much can be done as of now since the
clause of late payment fee is not there in ur lease agreement. You have no
option but to talk to them and wait till you renew the lease, if at all, and
then put this clause there in. As such you have already mentioned that they
paying every month though late.

cheers
Posted 1 year ago   Report this answer Report abuse
Vicas Rajvanshi
Deputy General Manager

there is two kind of agreements..one for lease and one for rent...what you are
stating is bit of confusion whether tenants are on rent basis or lease
basis....

if it is rent basis (Monthly) you can make a new agreement, first
you need to speak to your tenants on this issue and get the agreement stamped
by notary.

if it is lease..then there is no question of late fee or
anything because lease is bound to be for 3, 4, or 5 years where on closing
the term you need to repay the lease amount without paying interest amount to
the tenants..
Posted 1 year ago   Report this answer Report abuse
ravikumar Krishna
Retail Finance Manager

I assume from your comment that the tenants have already taken possession
under the lease and are therefor now entitled to tenure in accordance with
those lease terms. If you do not have any means of charging for late payment
in the lease, under British law which is common to India you must now wait
until the lease ends or the first review if you have one that allows you to
amend. It is tough but it is a lesson to get it right first time and use a
lawyer to draft the lease then if it is later found wrong you can sue the
lawyer.
Posted 1 year ago   Report this answer Report abuse
John Bryan Foreman
Retail Architectural
Consultant


Either you make a clause about late payment or you shift the payment dates to
a better convenient week for your client depending on his cash flow
circumstances
Posted 1 year ago   Report this answer Report abuse
Samir Kamar
Research and Development

 
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