Can a Landlord List Late Fees in a Notice to Pay Rent?

Idaho law provides landlords with an expedited proceeding when tenants fail to pay their rent pursuant to a lease agreement. Prior to filing an eviction, a landlord is required to serve written notice demanding payment of the rent, generally within three (3) days of service.

Tenants often have many financial responsibilities contained in their lease agreement, including rent, utilities, late fees, or other charges agreed upon by the parties. What then is the amount you can demand in your notice to pay?

The answer depends on the terms of the lease agreement. It is important to note that an expedited eviction for non-payment of rent is not an action to recover rent. Rather, it is an action for possession of the rental property. Although it is tempting to include utilities or late fees on a notice to pay, most lease agreements do not deem these charges as additional rent. Without that express provision, landlords run the risk of serving a defective notice.

Pay close attention to the language in the lease agreement. If utilities, late fees, or other charges are not expressly listed as “additional rent” or the lease does not outline how payments will be applied, do not demand anything other than the rent amount. Unless negotiated otherwise, collection of rents, utilities, late fees or other charges must be recovered in a separate action.

If you have any questions about your lease agreement and the amounts to include on the notice to pay, please contact an eviction attorney at Idaho Evictions by calling (208) 331-9393.