[WSBARP] Unilateral Lease Amendments

[Paul Neumiller]

It may depend on when rent is due.
See RCW 59.18.170, Landlord to give notice if tenant fails to carry out duties—Late fees. “…(2) The landlord may not charge a late fee for rent that is paid within five days following its due date. If rent is more than five days past due, the landlord may charge late fees commencing from the first day after the due date until paid…”


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jan Kelly
Sent: Wednesday, October 12, 2022 9:15 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Unilateral Lease Amendments

Good morning,

Can anyone practicing in Landlord Tenant law tell me whether WA allows a landlord to unilaterally amend a lease? This question is related to a $75 late fee imposed by the apartment complex. The Lease has a blank that was not filled in as to when a late fee would be imposed for utilities. The apartment complex manager sent an email stating that a late fee would be imposed if not paid by the 1st of the month. In this case, the tenant didn't receive notice of how much the bill was until after the 1st, and yet, she received a $75 penalty.

The tenant is a personal friend of mine and has never made a late payment on her rent. I'm trying to help her if there is a quick answer. Thank you.

--

Jan Kelly, JD/MBA
Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733

Licensed in Nevada and Washington.

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