VIC Commercial Lease - Late Fees

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rjwhyte

Member
9 August 2018
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Hi all,

Can a landlord arbitrarily decide to begin charging a "Late Payment Admin Fee" on a commercial lease?

Noting this is for payments maybe a few days late.

Is this a "depends what's in your lease" answer or is there some other law on the matter?

Thanks very much
 

Rod

Lawyer
LawTap Verified
27 May 2014
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Is this a "depends what's in your lease" answer

Yes.

Commercial leases are different to residential leases and the parties in commercial leases are assumed to be business people who know what they are doing.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Gold Coast, Queensland
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Generally, if it’s not in the lease then you can’t charge it. However, most commercial leases do have some mechanism for extra cost for late payment.