Richard and Darlene Parker leased an apartment from Sun Ridge Investors for $465 per month. The lease

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Richard and Darlene Parker leased an apartment from Sun Ridge Investors for $465 per month. The lease provided that the Parkers would be charged a $25 late fee if the rent was not paid by the third day of the month, and $5 per day for each additional day until the account was paid in full. The Parkers were late in making their February 1995 rental payment, for which the landlord assessed the monthly and per diem late fees. The Parkers made their subsequent monthly rental payments in a timely manner, but the landlord, after informing the Parkers, applied their payments to the amount that was past due. The Parkers refused to pay the $5 per diem fee. Sun Ridge brought suit in state court seeking the right to forcibly enter and repossess the apartment and $330 in past due rent. The trial court granted judgment to the landlord, and the Parkers unsuccessfully appealed to the intermediate court of appeals. The Parkers appealed to the Supreme Court of Oklahoma. The landlord argued that the per diem fees were additional rent, but the Parkers contended the fees amounted to an unenforceable penalty. Should the Oklahoma Supreme Court affirm or reverse the lower court? Explain your reasoning.

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