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Delegates special-order bill allowing 5% late fee on rent; members debate court enforcement and tenant remedies
Summary
House Bill 273 would permit a 5% late fee on rent. Delegates debated whether courts should enforce late fees and whether landlords should be able to recover fees in judgments; the House special-ordered the bill to consider amendments.
The House on Feb. 10 special-ordered House Bill 273, which would permit landlords to charge a 5% late fee on unpaid rent. Floor debate centered on whether courts should award late fees in judgments and whether uncodified legislative language should address judicial enforcement and landlords’ ability to recover fees when tenants default.
A delegate described that some courts currently award rent but strike late fees in judgment, which can leave landlords unable to collect additional contractual late charges. The sponsoring floor leader said the bill’s scope is limited to rent and that the measure would place a 5% late fee on unpaid rent only. A member said they would prepare a possible amendment to encourage judicial enforcement language and asked for a special order; the House granted the request and special-ordered the bill until the appropriate time tomorrow.
The committee chair said the committee would consider amendments offered through the normal process and had no objection to the special order. The motion to special order carried by voice vote; the bill will return for potential amendment and reconsideration.
