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The Apple iPhone – Downloads and Piracy

The Apple iPhone – Downloads and Piracy

One of the biggest things that customers want they purchase a cell phone is simplicity. People want to make their calls quickly and they need to be able to access their contact lists without a fuss. The Apple iPhone makes this easy. This is why is has become so popular. That popularity has its downfall. There are many programs that can hack into the iPhone and undo the security that Apple has put into it. So what is the link between with the Apple iPhone, downloads and piracy?

It is amazing that Apple has been able to pack so many features into one small device. The Apple iPhone includes widgets. These are simple but powerful programs that allow you to keep tabs on things like the weather, stocks, news and more. Everything that you could want or need to know is right there, available for you to use whenever you need it.

Apple knew that downloads for their iPhone would be a hot commodity. Other software manufacturers and programming gurus know this too. They are getting into the downloadable software scene too. Many websites are geared to the iPhone user. To find them all you need to do is search for them using your favorite search engine. Some iPhone-approved websites are member’s only sites that offer unlimited content such as videos, movies, music, games, and more. These websites also have free iPhone themes that you can load onto your iPhone. On many iPhone sites, there are no download restrictions on content, music, games or other items than can be transferred to your iPhone. The only limitation is the space available on your phone. You might even be able to find a website that offers a membership bonus, like the free software or CD’s.

A popular feature with the iPhone is the ease in downloading. This is not always easy however. Sometimes the iPhone can balk at high download speeds and takes can take its time. Slow transfer rates frustrate many iPhone users. Many younger users are used to instant downloading. Slow speeds frustrate them. For teens and those in their early 20’s, 15 seconds is a long time. Knowing about potential lags in download time allows you to plan your downloads during off-peak hours. This is the case with any download from the internet.

iPhone approved websites as well as non-approved (pirate sites) give you a plethora of download options. There is a good reason to use an iPhone-approved website. These sites ensure the highest standards in MP3 downloads and they assure their membership that no malware will be hidden contained in downloads or on the website. If you are more adventurous and very careful about spyware and the like, you can use unauthorized websites. Unless your phone has a problem, it may not seem like a big deal to use unauthorized software. However, if you run into a problem, Apple will void the warranty and they may lock your phone. This is one way that the Apple iPhone, downloads, and piracy are all related.

Apple does not allow others to produce software for the iPhone. This is due to their proprietary operating system. However, third parties can produce peripheral devices (like headphones and docking stations). Those restrictions never bother hackers (both white and black hats). Not surprisingly, hackers have broken into the iPhone’s code. This is why you see ads for “unlocked” iPhones. Pirated software disables the internal “firewall” of the iPhone, thus making it possible to use other cell phone providers other than AT&T. Apple is working at a frenzied pace on a firmware update to curtail pirating.

The apple iPhone, downloads, and piracy are hot topics on the internet. If you are looking for expert advice for your iPhone, look no further than the internet. You can find many blogs and websites with important iPhone information. This is peripheral that combines function, fashion and form into one. With a statement that an iPhone makes, why not see if an iPhone will work for you.

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The Apple iPhone – Downloads and Piracy

The Apple iPhone – Downloads and Piracy

One of the biggest things that customers want they purchase a cell phone is simplicity. People want to make their calls quickly and they need to be able to access their contact lists without a fuss. The Apple iPhone makes this easy. This is why is has become so popular. That popularity has its downfall. There are many programs that can hack into the iPhone and undo the security that Apple has put into it. So what is the link between with the Apple iPhone, downloads and piracy?

It is amazing that Apple has been able to pack so many features into one small device. The Apple iPhone includes widgets. These are simple but powerful programs that allow you to keep tabs on things like the weather, stocks, news and more. Everything that you could want or need to know is right there, available for you to use whenever you need it.

Apple knew that downloads for their iPhone would be a hot commodity. Other software manufacturers and programming gurus know this too. They are getting into the downloadable software scene too. Many websites are geared to the iPhone user. To find them all you need to do is search for them using your favorite search engine. Some iPhone-approved websites are member’s only sites that offer unlimited content such as videos, movies, music, games, and more. These websites also have free iPhone themes that you can load onto your iPhone. On many iPhone sites, there are no download restrictions on content, music, games or other items than can be transferred to your iPhone. The only limitation is the space available on your phone. You might even be able to find a website that offers a membership bonus, like the free software or CD’s.

A popular feature with the iPhone is the ease in downloading. This is not always easy however. Sometimes the iPhone can balk at high download speeds and takes can take its time. Slow transfer rates frustrate many iPhone users. Many younger users are used to instant downloading. Slow speeds frustrate them. For teens and those in their early 20’s, 15 seconds is a long time. Knowing about potential lags in download time allows you to plan your downloads during off-peak hours. This is the case with any download from the internet.

iPhone approved websites as well as non-approved (pirate sites) give you a plethora of download options. There is a good reason to use an iPhone-approved website. These sites ensure the highest standards in MP3 downloads and they assure their membership that no malware will be hidden contained in downloads or on the website. If you are more adventurous and very careful about spyware and the like, you can use unauthorized websites. Unless your phone has a problem, it may not seem like a big deal to use unauthorized software. However, if you run into a problem, Apple will void the warranty and they may lock your phone. This is one way that the Apple iPhone, downloads, and piracy are all related.

Apple does not allow others to produce software for the iPhone. This is due to their proprietary operating system. However, third parties can produce peripheral devices (like headphones and docking stations). Those restrictions never bother hackers (both white and black hats). Not surprisingly, hackers have broken into the iPhone’s code. This is why you see ads for “unlocked” iPhones. Pirated software disables the internal “firewall” of the iPhone, thus making it possible to use other cell phone providers other than AT&T. Apple is working at a frenzied pace on a firmware update to curtail pirating.

The apple iPhone, downloads, and piracy are hot topics on the internet. If you are looking for expert advice for your iPhone, look no further than the internet. You can find many blogs and websites with important iPhone information. This is peripheral that combines function, fashion and form into one. With a statement that an iPhone makes, why not see if an iPhone will work for you.

Weather Resistant iPhone Cases

Weather Resistant iPhone Cases

One of the most requested accessories for the iPhone is the weather proof case. The importance of having an iPhone case that is weather proofed is extremely high, mainly because the iPhone does not have extreme amounts of protection. While it is an amazing phone with incredible capabilities, it is quite vulnerable to the elements. Thus, if you are stuck in a rain storm, you may find that your iPhone is not completely safe by simply resting in your pocket.

If you live in a city that gets decent amount of rain, or if you simply want to protect your iPhone from the outside world, than you will want to purchase an iPhone weather-proofed case. But what are the best cases for this type of protection?

If you have searched the marketplace for weather resistant iPhone cases, than you have probably noticed that many of them are bulky and, quite frankly, unattractive, while this may be true for many weather resistant iPhone cases, it isn’t the truth for all of them. There is one case that is stunning, both in its appearance and also in its ability to protect your iPhone from the harshness of Mother Earth. This iPhone case is the OtterBox Defender Series, which is a smart and rugged case that will add a certain style to your iPhone. This case still allows you to have full interaction with every feature of your iPhone, including pictures, all while giving you true water-resistant technology.

It doesn’t matter what type of iPhone that you currently have, whether it be the 4GB model or the 8GB model, they will both fit in this iPhone case. One of the coolest features about this iPhone case is the fact that it allows you to have full interaction with the iPhone screen, while still protecting it. This is made possible by a unique membrane that has been patented due to its unique ability to give you such accurate interactivity, while still giving you weather resistant protection.

Actually, you are getting three complete layers of protection within this case, which is much more than many other “weather resistant” cases. Another feature that makes this iPhone case so unique is the fact that it is completely wrapped in silicone, which has two great purposes.

The first purpose is to allow you to have a seamless grip on your iPhone, so you will be less likely to drop it while walking throughout your day. And the second reason the silicone is such a great feature is because it will protect your iPhone if you do accidently drop it. Normally if you drop your phone, you are scared to even look at it because you don’t know if the screen is cracked, or if it is completely broke. However, because of the silicone you will have superior protection against accidental damage.

It should be noted though that the silence switch is not available to use when your iPhone is in this case. So, if you must silence your iPhone, it is suggested that you do so before you put it into the weather-proof case.

IPhone Nova – Your Number One Source For IPhone Downloads

IPhone Nova – Your Number One Source For IPhone Downloads

Only 10 fingers: count the stuff you’ll do with your PSP® system. PsP games and downloads can be a very good way to get new

games for your psp hand held. The PSP® system has a boatload of talents, including:Gaming Over 350 titles-and more coming all

the timeVideo More than 460 feature films, TV programs and music videos available on UMD™ disc (each sold seperately)Music It plays MP3s,

WAVs, WMAs, ATRAC3+ and MP4s Photo Create a slide show of your photos or beam them to friends via Wi-FiNetwork Communicate with other play games online, browse the Web and moreRSS Stay up-to-the-minute with your fave blogs, podcasts and news feeds. iPhone Nova is a quick loading website with a clean layout. iPhone Nova is an iPhone download site that offers free downloads for iPhone.

Be the first to know about new downloads from Iphone Nova-sign up to receive email alerts each time we update our site.

Demos can also either be downloaded to a personal computer and later transferred into the “GAME” file on the PSP’s Memory Stick or

downloaded directly to the PSP using the PSP’s system browser. Downloading iPhone Nova 2007 will take minute if you use fast ADSL connection.

Download from millions of titles with NO download limits or fees. download your favorite songs, movies, games, screensavers, and software

programs, all for free with the latest and fastest version of ares.

Iphone Nova offers an iPhone download service that is formally the realitys best and fastest iPhone downloads on the internet.

iPhone Nova is completely free of spyware, adware, viruses and trojan horses, and does not come bundled with any additional software

of any kind. iPhone Nova is one of the superior iPhone downloads membership site we have personally tried out so far.

Access to the fastest iPhone downloads on the net. Download Services About iPhone Nova: iPhone Nova is probably one of the best

sites I have found.

Click the following link and sign up with the world’s first IPhone Nova download service :

How Does The iPhone 5 Compare To The iPhone 4

How Does The iPhone 5 Compare To The iPhone 4

It’s the burning question on the lips of all existing iPhone 4 owners. How much better is the iPhone 5? Are there genuine and significant improvements or (as no doubt some critics will bark) is it just an iPhone 4 with a slightly bigger screen size?

We put it to the test…

iPhone 5 – The Screen Size Is Bigger Than iPhone – It’s rather an epic change, given that Apple have not changed the screen size of their iPhone since the original iPhone burst onto our lives in June 2007. If you held up the iPhone 5 against the iPhone 4, the difference in screen size is immediately noticeable. While the iPhone 4 had a screen size of 3.5 inches, the iPhone 5 has upped it to a square 4 inches.

More Surface Area But Less Depth – While the actual surface area of iPhone 5 has had to increase, due to the larger screen, it’s much slimmer. This gives it a slick, sleeker look than version 4.

Much Lighter – Possibly one of the most impressive features is that despite the many enhancements, the iPhone 5 is actually a fair bit lighter than v4. iPhone 4 weighed in at a respectable 140g but iPhone 5 is a mere 112g. In fact, the roughly 20% decrease in weight makes it the world’s lightest smartphone.

Considerably Faster – The iPhone 5 uses a different processor altogether. The old dual core Apple A5 chip has been replaced by the A6 and the differences are clear when it comes to performance. The A6 is twice as fast performing CPU tasks an has twice the might in processing graphics.

No Real Change In Storage Options – Perhaps surprisingly, this is one area within which there have been no real improvements on this front. The storage of the Apple iPhone 5 is in fact identical to the iPhone 4, with the storage options being 16GB, 32GB or 64GB. Even more disappointingly, Apple is still sticking to its stance of not offering any expandable memory slots.

The Camera Has Some Impressive New Features – The camera in the Apple iPhone 4 was by itself a pretty impressive one. Even so, v5 has seen improvements like a hybrid IR filter, a five element sapphire crystal lens and a fast f/2.4 aperture. It also takes pictures 40% quicker than the iPhone 4 and can handle low lighting photography better too.

200 New Features With Apple iPhones New iOS6 Gives It A Distinct Edge Over The iPhone 4 – This is possibly the most notable improvement within the iPhone 5, because the improved operating system brings many software improvements. Siri can handle more complex requests, and the new Passbook feature can store all your tickets in one place (cinema tickets, boarding passes etc). That’s to name just a few of the new features available on the iPhone 5, it offers tons more stuff than the old Apple iPhone 4 too.

Faster & Smoother With Games, Movies & Apps – The many advancements means that the iPhone 5 does deliver palpably improved performance over the iPhone 4 whether you’re playing games, browsing the web or just flicking through your apps.

Ultimately, the iPhone 4 is still an impressive smartphone today. If you’re wondering whether the upgrade is right for you, only you’re able to make that judgement. However, make no mistake, the iPhone 5 has delivered significant improvements over its previous attempt.

Samsung G800 – Fortus Mobile Phone Review

Samsung G800 – Fortus Mobile Phone Review

Raising the Standards in Mobile Imaging

The latest addition to the small, but growing, group of 5 megapixel camera phones is the stylish Samsung G800. While this amazing slide phone wasn’t the first with a 5 megapixel camera, the G800 is the first mobile phone to include an optical zoom with such a high quality camera. This Samsung masterpiece is also one of the best looking high quality camera phones currently available.

The latest imaging technology can not yet be packaged into an ultra-slim, super lightweight casing, but the Samsung G800 is comfortable to hold and is an ideal size for taking pictures. The shiny, silver casing is subtle, but sleek, and the G800 sports a trendy slider design. The full colour display screen takes up most of the phone’s face, measuring 2.4 inches, and is perfect for viewing the incredible pictures captured with the phone’s camera.

A simple navigation pad is located at the bottom of the screen, along with two soft keys and the call buttons. The Samsung marvel slides open to display a typical flat, slider-style keypad. The top row of buttons may be more difficult to access, but the other keys may be more easily distinguished than the buttons of many smaller handsets. Turn the G800 over and the handset transforms into a digital camera, quite similar and comparable to a dedicated camera.

The 5 megapixel camera is the most appealing feature of this stylish slider and there is no doubt why. The Samsung G800 is currently the premier camera phone and could seriously rival some of this year’s hottest handsets, including the iPhone. Not only does the G800 take digital camera style photographs that can be printed on your Pictbridge compatible printer directly from the handset, it also features a number of features previously only found on standalone cameras, like Wide Dynamic Range and face detection. This camera phone also boasts a user-friendly camera-like interface that is a first for mobile phones.

The Samsung G800 takes both pictures and videos and features integrated editing software for both. The optical zoom feature pushes the G800 ahead of the competition and the power of a real Xenon flash ensures perfect shots day and night. The music player and integrated, stereo FM radio are just as impressive, supporting all common formats and providing high quality sound.

The G800 is an all-around good mobile phone. The internal memory is more than many handsets, at 160 MB, and a memory card slot allows unlimited storage for your favourite songs, pictures, and games. The Samsung G800 supports most types of messaging, including email attachments, and features 3G connectivity as well as Bluetooth. Unfortunately, wi-fi connectivity was forgotten.

Besides the lack of wi-fi and the somewhat bulky size, the G800 is a stylish phone that is paving the road for camera phone technology. The Samsung G800 may just earn the recognition of this year’s most magnificent mobile phone. It’s difficult to follow up on the successful U600 and G600, but Samsung has done it successfully and can consider the G800 to be another feather in its cap.

Blackberry 8300 Curve – Fortus Mobile Phone Review

Blackberry 8300 Curve – Fortus Mobile Phone Review

Close but not Quite Perfection

With mobile phones looking to narrow the gap all the time between themselves and the dedicated PDA handsets on the market – the Apple iPhone springs to mind – manufacturers like Research In Motion (RIM) are having to try even harder to make their products stand out. Enter the new Blackberry 8300 Curve, with a host of new features yet, surprisingly, some glaring ones too.

The fact this new Blackberry has come out so soon after the 8800 model says everything there is to know about just how good mobile phones are at the moment – RIM is obviously worried about the diminishing market. However, PDA’s like the Blackberry 8300 Curve can still offer some features mobile phones can’t, and it’s these features that make this such an exciting product.

The main difference between this model and the recently released 8800 is that the Curve is a lot slimmer. In fact, with the change in size that RIM has given the Blackberry 8300, you’d be forgiven for thinking that you’re holding a normal mobile phone in your hand. The only thing that gives it away is the standard QWERTY keyboard just below the large display screen.

Design-wise, the 8300 Curve benefits from a black and silver colour scheme, which offers it just the right amount of futuristic styling that PDA users seem to love. It’s extremely lightweight as well, at least for a PDA, and is full 1.5 ounces lighter than the Treo. It feels good to hold as well, thanks to the small addition of rubber grips on the side, making it feel more secure and less prone to slipping from your grip.

A neat little trick is that the 2.5-inch screen has sensors that detect what the lighting conditions are like. Too dark or too bright, and the Blackberry 8300 will automatically adjust the brightness and contrast. This makes it a lot easier to navigate your icon-driven menus, and is a definite step in the right direction, not just for Blackberry but PDA’s and mobile phones in general.

Unlike some similar models, the screen isn’t touch-sensitive; however, there is a little trackball nub that you use to move around the screen. Using the keyboard is a lot easier on this model as well, with RIM reverting back to the larger spaces between each of the QWERTY keyboard elements. The smart screen allows pictures taken on the 2.0meag-pixel camera to look just that little bit sharper, especially if you compare pictures from an equivalent specced mobile phone camera. However, there’s still no video playback option.

If there is one thing that stops the Blackberry 8300 Curve from being almost perfect, it’s that it’s not a 3G unit. This seems almost criminal when you look at the features it does come with, yet for some reasons, RIM haven’t seen fit to supply the 8300 with 3G features. There’s no Wi-Fi support either, and again it seems like a missed opportunity. It does make up for this a little by being quad-band, but Wi-Fi would have been nicer.

Yet the Blackberry has always been about its office suite and more professional approach than a mere mobile phone can offer. In that respect, it doesn’t disappoint at all.

Samsung F700 – Fortus Mobile Phone Review

Samsung F700 – Fortus Mobile Phone Review

Ultra Smart and Ultra Sleek Touch Screen Breakthrough

Making its bid for touch screen mobile phone domination is Samsung’s 3G Smartphone, the F700. It may look very similar to the iPhone, but some may argue that it is much better, especially those who are used to the older Samsung phone models. What you will not find on the older models that makes the F700 so special is the large full control touch screen. Whilst the Samsung G600 or G800 will need a navigation key or a joystick to scroll through your phone’s menu, the F700 will only require a light tap on the screen.

Some users have complained that there are too many taps to be made on the mobile phone just to make or answer calls. There is a reason for this – the touch screen is ultra sensitive. Even if you must unlock a couple of security buttons before you can answer your incoming calls, or make outgoing ones, you’ll be assured that the phone won’t unlock in your pocket and start calling random people on its own.

Another unique and exciting feature of the F700 is the full-sized QWERTY keyboard that slides out on the side for easier text and email composition. There is also an on-screen QWERTY keyboard, but as the touch screen phone is a new technology, Samsung thought first-timers would like to be eased in to it and provided an alternative. Like all QWERTY keyboards, you should type in text messages and emails with both hands on the Samsung F700. This should be easy to master, as it is exactly like typing on your computer keyboard, and faster than texting on a regular mobile keypad.

The F700 is so much more than an Ultra Smart touch screen mobile phone. It runs on an HSDPA network to quickly connect you to the internet, which will be enjoyable thanks to its huge 2.78 inch-screen and HTML browser. Its 3G technology allows 3G compatible features, particularly video calling, and the phone is Java supported, which means you can download and install favourite applications, as well as enjoy a slew of available games. Its offline mode is another valuable feature; even if your phone is unusable for calls, you can still use the rest of the mobile phone’s features, such as the 3 megapixel camera with auto-focus, the video recorder and the music and video player. The Samsung F700 also comes with free Bose headphones to give you an all-around better sound experience.

As it has a full colour touch screen and a full slide board with a keypad, the Samsung F700 may seem too large a phone to lug around. On the contrary, this mobile unit fits snugly in your hand and is surprisingly lightweight. This is because the casing is made of plastic. Fortunately, it doesn’t look plastic, as the finish is ultra sleek and polished, so much so that the phone may even seem slippery. Some users have been terrified of having the F700 accidentally slip out of their hands. But then, this phone is too smart and sleek for that to happen.

Wondering About Mobile Marketing? Use These Tips! (3)

Wondering About Mobile Marketing? Use These Tips!

One of the worst and most common mistakes that can be made when it comes to mobile marketing is the lack of respect for individuals privacy. This can be extremely intrusive when dealing with personal mobile devices. For more great tips on what to do and not to do with this type of marketing, read on.

Allow your subscribers the option to opt-out of receiving your texts. The format of your messages should automatically include an “opt-out” set of instructions or sentence. You need to use words that get the message across that they can get out of your messages. This includes words like “UNSUBSCRIBE” and “STOP.”

Be sure that you modify your blog so that it looks great on any type of mobile device. This is imperative if you’re using a blog to communicate with people. Your blog might look okay from the Android, but iPhone might slaughter it. You will need to get to work modifying it before other people are scared away.

Test your program before you start it. Customers do not like broken links, or dead images. Have your business, family, or even a few customers test your messages before you start sending them en masse to your market. Get their feedback to perfect whatever might go wrong, and your customers will thank you for it.

Never send out any type of unsolicited messages. This will just be spam to people, and you may end up losing potential customers quickly. If they get a message from someone or some company they don’t know, they will probably just delete it right away, and be a little frustrated.

Remember when mobile marketing that not every mobile device is the same and thus the content you develop needs to cater to the general field and not anything overtly specific. For instance: Some people have slower connections than others, while others have smaller screen sizes. Be encompassing and not specific.

Make your messages viral. Text messages can be very quickly and easily forwarded to other people. Yous should sometimes ask your subscribers to invite their friends if they enjoy your service. Make sure to include opt-in instructions. You may be amazed at how quickly that can make your database grow.

Mobile ads need a stronger call to action than regular ads, so make sure that you’re proficient at providing this type of material. A dozen exclamation points and some words like “must” and “now” aren’t going to cut it. You need to come up with a wording that will persuade people in only a short sentence or two.

Use QR codes on all of your print materials, from business cards to product packaging. This is a great way to give people quick access to all the content you want to provide, from cleaning instructions to alternate uses. You can even have a link to a coupon for future purchases, or a sale page.

To wrap it up, you want to make sure that not only you are getting your message out to the right audience but also doing it in a way that shows respect to your customers. Hopefully this article provided plenty of information to help you with your mobile marketing plan.

Landlord’s Corner – Apartment lease agreement Late fees in Ohio

Landlord’s Corner – Apartment lease agreement Late fees in Ohio

A. Limits As To Amounts

There are two lines of cases in Ohio which deal with whether courts will enforce lease provisions allowing a landlord to charge tenants for late fees. These lines of cases come to slightly different conclusions, but the bottom line is that landlords need to be very careful in charging tenants for late fees.

The first line of cases comes to us from the Eighth Appellate District. In the case of Siara Management v. Nedley, 1992 Ohio App. LEXIS 5265 (Oct. 15, 1992) Cuyahoga App. No. 61433, unreported, the lease called for the tenant to pay $30.00 in late fees if he was late five days, and $70.00 more if he were late ten days. The landlord tried to charge these amounts to the tenant and litigation ensued.

The Eighth Appellate District held that there is distinction between liquidated damages (allowable) and penalty clauses (not allowable) and that the court would use a three part test to distinguish between the two. Late fees would be allowable as liquidated damages if they were designed to compensate the landlord for damages which were:

(1) uncertain as to amount and difficult of proof, (2) the contract as a whole is not so manifestly unconscionable, unreasonable, and disproportionate in amount as to justify the conclusion that it does not express the true intention of the parties, and if (3) the contract is consistent with the conclusion that it was the intention of the parties that damages in the amount stated should follow the breach thereof.

In Nedley, the landlord did not make it past the first hurdle of the test. All that the landlord argued in court was that the late payment by tenants led to late payment charges assessed to the landlord by his creditors. The Court reasoned that “Any party due money could claim that the resultant decrease in cash flow might result in late charges against it. That is unduly speculative.” Had the landlord come to the court with evidence that the tenant’s late payment had caused him to incur damages in specific amounts, then those specific amounts might have been recoverable.

The Eighth District Court of Appeals also came to a similar conclusion in 200 W. Apartments v. Foreman, 1994 Ohio App. LEXIS 4081 (September 15, 1994), Cuyahoga Co. App. No. 66107 regarding a late fee of only $2.00 per day. In that case the court also found it significant that the landlord had shown no proof of its actual damages.

However, another of Ohio’s appellate district treated the matter very differently. In the case of Calabria v. Green, 1995 Ohio App. LEXIS 3903 (September 8, 1995), Trumbull Co. App. No. 95-T-5181, the Eleventh Appellate District Court held that while late charges of $10.00 per day (for 38 days) was not enforceable, “an agreed upon, one-time late fee, that is reasonable in proportion to the rental rate, and that has a rationale basis supporting the imposition of the charge, is proper.”

The Eleventh District Court of Appeals again came to the same conclusion in the case of Wadsworth v. Starcher, 1998 Ohio App. LEXIS 2909 (June 26, 1998) Trumbull Co. App. No. 97-A-0054. In Wadsworth, the Court agreed with the trial court that $5.00 per day in late charges over 92 days was not enforceable, and that the trial court’s reduction of the late fees to $100.00 was proper.

It is clear that “parties to a lease agreement can agree to anything they wish within the limits of the law.” Village Station Assoc. v. Geauga Co. (1992), 84 Ohio App.3d 448 at 451. The real question is: what are “the limits of the law”? R.C. 5321.14 prohibits parties to a lease from agreeing on illegal or unconscionable terms.

B. No Late Fees Under Oral Contracts

Where there is only an oral contract between the landlord and the tenant, at least one Ohio Court has held that no late fees can be assessed. Neubauer v. Patzkowsky, 1992 Ohio App. LEXIS 2919 (June 2, 1992) Franklin Co. App. No. 91AP-1236.

C. Waiver of Late Fees

Some landlords will try to collect late fees which have piled up over months and months. In the case of Habegger v. Paul, 2004 Ohio App. LEXIS 1971 (April 30, 2004) Wood Co. App. No. WD-03-038, a landlord sued the tenant for late fees which accumulated over a 14 month period. The Sixth District Court of Appeals held that the landlord waived his right to collect the late fees upon eviction by continuing to accept the tenants’ rent payments and not pursuing eviction until approximately 14 months after the first late payment. The Court reasoned that:

A party may voluntarily relinquish a known right through words or by conduct. State ex rel. Ford v. Cleveland Bd. Of Edn. (1943), 141 Ohio St. 124. In Galaxy Development Ltd. Partnership v. Quadax, Inc., 2000 Ohio App. LEXIS 4651 (October 5, 2000) Cuyahoga Co. App. No. 76769, the Eighth District Court of Appeals found that the landlord waived its right to collect holdover rent from the tenant by continuing to accept the original rental payments after expiration of the lease. The Galaxy court cited Finkbeiner v. Lutz (1975), 44 Ohio App.2d 223, wherein lessees failed to make timely payments of rent on numerous occasions and lessors accepted the late payments. The Finkbeiner court held that the failure of the lessors to make timely objection to the late payment of rent amounted to a waiver.

Courts in Ohio will not allow a landlord to collect late fees which have piled up over a significant period of time.

D. Dangers for the Landlord

Where a landlord can get into trouble with late fees is in a dispute over a security deposit. Let’s say the landlord has collected a security deposit in the amount of $500.00. The tenant leaves at the end of the lease term. The landlord finds $300.00 in damages at the apartment and also assesses $250.00 in late fees. Perhaps the landlord cannot show the court actual damages in the specific amount of $250.00. Maybe there was only an oral agreement between the landlord or the tenant. Perhaps the $250.00 in fees resulted from the landlord’s practice of letting the late fees pile up over time.

If any of these are the case, there is a good chance that even in the more landlord sympathetic appellate districts, the landlord will only be allowed to charge the tenant a greatly reduced amount if the facts fit the first example, and perhaps nothing at all if the facts fit the second or third examples.

This will leave $100.00 or more that should have been returned to the tenant, entitling the tenant to double damages and attorneys fees under Ohio Revised Code Section 5321.16. While double damages in the amount of $200.00 might not be all that big of a deal, wait until you get to the mandatory hearing on reasonable attorneys fees. Now we’re talking real money.

If you are trying to evict a problem tenant and your only basis is a failure to pay late fees, then the arguments above may have a bearing upon the issue of who has the right to possession when you get to the F.E.D. hearing. If a tenant can show the court that he stood ready at all times to pay the late fees, but that the landlord was holding out for an unreasonable amount, or if the tenant can show that he and the landlord engaged in a pattern of conduct of acceptance of late payments without protest, this could defeat the eviction action.

E. Lessons to Be Learned

One of the lessons to be learned from all of this is that late fees are something of a minefield when it comes to using them to reduce the amount of the security deposit returned to a tenant. The same is true when we are talking about evictions based upon a failure of the tenant to pay late fees.

Landlords should be aware of the problems that may arise when late fees are argued. Informing your attorney of your past practices with regard to late fees can save you both a lot of embarrassment, and perhaps allow the attorney to alter course in his arguments to get around potential hurdles.