Vermont Tenants, Inc.
Supporting Safe, Decent, Secure, Affordable Housing and Responsible Tenancy

Late Fee Form Letter

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FROM: __________________________
Name of Tenant
ADDRESS: __________________________________________________________
Address of Tenant

DATE: ________________________

TO: ______________________________________________
Name of Landlord or Managing Agent

RE: Late Fees

Dear _________________________________________:
Name of Landlord or Managing Agent

I am writing to make you aware of the Vermont case law regulating the practice of
charging late fees.

According to Vermont case law, [Highgate Associates, Ltd. v. Lorna Merryfield,
Supreme Court Docket No.90-032] landlords may only charge a tenant a late fee to cover
expenses actually incurred as the result of tenant’s tardiness in paying rent. Such a fee
may not be simply a penalty. A late fee, which is not reasonably related to the
landlord’s expenses, is invalid and the tenant does not have to pay it.

I am requesting that you present documentation showing that the fee is equal to your
expenses. If you cannot or will not show this documentation, I am under no obligation to
pay the late fee.

Sincerely,

_________________________________
Signature

_________________________________
Printed Name