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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Greenberg v. Saha, 84 S.W.3d 474 (2002)

Citation
Greenberg v. Saha, 84 S.W.3d 474 (2002)
Parent Document
Greenberg v. Saha, 84 S.W.3d 474 (2002)
Jurisdiction
Missouri (state)
Effective Date
2002-07-23

Full Text

1,074 chars
The landlord claimed and the trial court agreed that the provision allows for the assessment of a $5 per day late charge as to each month’s rent, from the date of delinquency to the date of trial. This interpretation resulted in the remarkable assessment of $14,485 in late charges on delinquent rent of $3,600. This is because the late fees are “stacked” as to each *477month’s delinquency. Thus, when lessees were delinquent as to six months’ rent, they were being assessed a late-payment charge of $30 per day, $5 per day as to each month’s rent. However, the provision is also reasonably susceptible of meaning that there will be an assessment of a $5 per day late charge as to the total delinquent rent from the date of delinquency to the date of trial, resulting in the assessment of a late-payment charge of $2,795. Because we must construe ambiguous contract language in favor of the non-drafter, the lessees here, we find the trial court erred in its assessment of $14,485 in late-payment charges. Pursuant to Rule 84.14, we modify the late-payment award to $2,795.