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TA

Todd Allen

Thu, Aug 20, 2015 2:49 PM

Has anyone successfully argued that a late fee is excessive and therefore unconscionable? If you have examples I’d love to hear about them. My client’s monthly rent is $2100 a month. Lease states that there is a late fee of $25 per day. He’s facing a $950.00 late fee charge for being little over a month late. Seems excessive to me.

Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com

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Has anyone successfully argued that a late fee is excessive and therefore unconscionable? If you have examples I’d love to hear about them. My client’s monthly rent is $2100 a month. Lease states that there is a late fee of $25 per day. He’s facing a $950.00 late fee charge for being little over a month late. Seems excessive to me. Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com 13180 Livingston Rd, Suite 201 Naples, FL 34109 [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com -- CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential. UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents. EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents. FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes.

DM

Deborah Marks

Thu, Aug 20, 2015 3:25 PM

Residential or commercial?

Sent from my iPhone

On Aug 20, 2015, at 10:49 AM, Todd Allen todd@lindsayallenlaw.com wrote:

Has anyone successfully argued that a late fee is excessive and therefore unconscionable? If you have examples I’d love to hear about them. My client’s monthly rent is $2100 a month. Lease states that there is a late fee of $25 per day. He’s facing a $950.00 late fee charge for being little over a month late. Seems excessive to me.

Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com

CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential.

UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents.

EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents.

FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes.

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Residential or commercial? Sent from my iPhone > On Aug 20, 2015, at 10:49 AM, Todd Allen <todd@lindsayallenlaw.com> wrote: > > Has anyone successfully argued that a late fee is excessive and therefore unconscionable? If you have examples I’d love to hear about them. My client’s monthly rent is $2100 a month. Lease states that there is a late fee of $25 per day. He’s facing a $950.00 late fee charge for being little over a month late. Seems excessive to me. > > Todd B. Allen, Esq. | Attorney > Todd@LindsayAllenLaw.com > > 13180 Livingston Rd, Suite 201 > Naples, FL 34109 > > > > [office] > [mobile] > [fax] > > 239.593.7900 > 239.300.3506 > 239.593.7909 > www.LindsayAllenLaw.com > > > > CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential. > > UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents. > > EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents. > > FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes. > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

LJ

Lainie J Simon

Thu, Aug 20, 2015 3:33 PM

Given that the late fee increases with time you should see if you can create an argument from the usury statute.

Sent from my iPhone

On Aug 20, 2015, at 10:49 AM, Todd Allen todd@lindsayallenlaw.com wrote:

Has anyone successfully argued that a late fee is excessive and therefore unconscionable? If you have examples I’d love to hear about them. My client’s monthly rent is $2100 a month. Lease states that there is a late fee of $25 per day. He’s facing a $950.00 late fee charge for being little over a month late. Seems excessive to me.

Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com
<LindsayAllen_logo.jpg>

CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential.

UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents.

EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents.

FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes.

landten mailing list
landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Given that the late fee increases with time you should see if you can create an argument from the usury statute. Sent from my iPhone > On Aug 20, 2015, at 10:49 AM, Todd Allen <todd@lindsayallenlaw.com> wrote: > > Has anyone successfully argued that a late fee is excessive and therefore unconscionable? If you have examples I’d love to hear about them. My client’s monthly rent is $2100 a month. Lease states that there is a late fee of $25 per day. He’s facing a $950.00 late fee charge for being little over a month late. Seems excessive to me. > > Todd B. Allen, Esq. | Attorney > Todd@LindsayAllenLaw.com > > 13180 Livingston Rd, Suite 201 > Naples, FL 34109 > > > > [office] > [mobile] > [fax] > > 239.593.7900 > 239.300.3506 > 239.593.7909 > www.LindsayAllenLaw.com > <LindsayAllen_logo.jpg> > > > CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential. > > UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents. > > EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents. > > FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes. > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten

LC

Leonard Cabral

Fri, Aug 21, 2015 8:59 PM

I argue it is an unenforceable liquidated damages clause unrelated the landlord’s damages. I think I have a brief if you are interested.
Leonard P. Cabral
Leonardcabral@lenslaw.com

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Deborah Marks
Sent: Thursday, August 20, 2015 11:26 AM
To: RPPTL Landlord Tenant Committee landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Excessive late fees

Residential or commercial?

Sent from my iPhone

On Aug 20, 2015, at 10:49 AM, Todd Allen <todd@lindsayallenlaw.com mailto:todd@lindsayallenlaw.com> wrote:
Has anyone successfully argued that a late fee is excessive and therefore unconscionable? If you have examples I’d love to hear about them. My client’s monthly rent is $2100 a month. Lease states that there is a late fee of $25 per day. He’s facing a $950.00 late fee charge for being little over a month late. Seems excessive to me.

Todd B. Allen, Esq. | Attorney
Todd@LindsayAllenLaw.com mailto:Todd@LindsayAllenLaw.com

13180 Livingston Rd, Suite 201
Naples, FL 34109

[cid:image001.jpg@01D0DC32.CB6788E0] [cid:image002.jpg@01D0DC32.CB6788E0]

[office]
[mobile]
[fax]

239.593.7900
239.300.3506
239.593.7909
www.LindsayAllenLaw.com http://www.LindsayAllenLaw.com
[cid:image003.jpg@01D0DC32.CB6788E0]

CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential.

UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents.

EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents.

FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes.

landten mailing list
landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

I argue it is an unenforceable liquidated damages clause unrelated the landlord’s damages. I think I have a brief if you are interested. Leonard P. Cabral Leonardcabral@lenslaw.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Deborah Marks Sent: Thursday, August 20, 2015 11:26 AM To: RPPTL Landlord Tenant Committee <landten@lists.flabarrpptl.org> Subject: Re: [RPPTL LandTen] Excessive late fees Residential or commercial? Sent from my iPhone On Aug 20, 2015, at 10:49 AM, Todd Allen <todd@lindsayallenlaw.com<mailto:todd@lindsayallenlaw.com>> wrote: Has anyone successfully argued that a late fee is excessive and therefore unconscionable? If you have examples I’d love to hear about them. My client’s monthly rent is $2100 a month. Lease states that there is a late fee of $25 per day. He’s facing a $950.00 late fee charge for being little over a month late. Seems excessive to me. Todd B. Allen, Esq. | Attorney Todd@LindsayAllenLaw.com<mailto:Todd@LindsayAllenLaw.com> 13180 Livingston Rd, Suite 201 Naples, FL 34109 [cid:image001.jpg@01D0DC32.CB6788E0] [cid:image002.jpg@01D0DC32.CB6788E0] [office] [mobile] [fax] 239.593.7900 239.300.3506 239.593.7909 www.LindsayAllenLaw.com<http://www.LindsayAllenLaw.com> [cid:image003.jpg@01D0DC32.CB6788E0] CONFIDENTIALITY NOTICE: This message contains information from Lindsay & Allen, PLLC that may be privileged and/or confidential. If you are not the addressee, please be advised that any disclosure, copying, distribution or other use of the contents of this message is prohibited. If you are the intended recipient and a client of the law firm, please preserve your attorney-client privilege by NOT showing this message to others and keeping its contents confidential. UNIFORM ELECTRONIC TRANSACTIONS ACT NOTICE: If this communication concerns negotiation of a contract or agreement, unless otherwise expressly stated in writing, the Uniform Electronic Transactions Act does not apply to this communication. Contract formation in this matter occurs subject to our clients’ final review and manually affixing of original signatures on original documents. EVIDENTIARY PRIVILEGE: To the extent that this message is a communication to settle a claim, all evidentiary limitations on its use are hereby expressly made applicable to its contents. FEDERAL FAIR DEBT COLLECTIONS PRACTICES ACT NOTICE: To the extent that this message is an effort to collect a consumer debt, you are hereby notified that this is a communication from a debt collector and that all information provided in response to this message may be used for debt collection purposes. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten