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Late fee - how to collect by Maryann (NH) on July 7, 2009 @20:13

                              
I had two tenants late last month. Rent is due on the 5th, by the 3rd, no rent and 4th was holiday and 5th was a Sunday.

So technically it was late and there is a line that states it must be postmarked before the due date of the 1st.

So now there is a $50 late fee we need to charge. How do you all go about charging it? Send out invoice NOW? Tack it on to next months rent? How do you even enforce getting it?

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Re: Late fee - how to collect by Micah on July 7, 2009 @20:31 [ Reply ]
I'm confused by your statement. Is it due on the 5th or the 1st? When does your late fee go into effect? The 2nd or the 5th? Late fees are due in full WITH the rent payment. If the late fee is not with the rent then the rent check is not accepted. Late fees will continue to acrue until rent and all fees are paid in full. That is how I do it anyways.
Re: Late fee - how to collect by # 1 M-bone on July 7, 2009 @22:11 [ Reply ]
I agree with Micah, late fee is to be paid with the rent. Usually, my tenants call on or before the due date to tell me the rent will be paid on such-n-such date at that time, I remind them to include the late fee and how much in case they don't remember. Usually only have to tell them once that they have to pay the late fee, after that if they are late again in the future, they automatically include the late fee in with the rent. It really isn't hard to enforce the late fee, you just have to request it. Most landlords are not comfortable with asking for the late fee and that's why their tenants don't pay it, they will if you just ask for it. If you don't ask, you don't receive. Tenants will get out of paying it if there is no mention of it.
Re: Late fee - how to collect by Jack Klein (NY) on July 7, 2009 @22:30 [ Reply ]
I send the LPA Urgent Late Notice when the rent becomes late.
My grace period goes till the 5th. Rent is late on the 6th.

If the tenants pay the rent with no late fee, I send the Late Fee Due Notice.

For tenants who always try to ignore the late fee and just pay the rent, check out the LPA Article:

"What do I do when the tenant won't pay the late fees?"

Article: LPA Lease Clause #3: Late Fees by Jack Klein (NY) on July 7, 2009 @22:33 [ Reply ]
Also see LPA Lease Clause #3: Late Fees
Re: Late fee - how to collect by Anonymous on July 7, 2009 @23:36 [ Reply ]
I personally always end up waiving my late fees. I explain I dont want to make money on late fees, I want rent paid on time. The late fees is to punish late paying tenants. Then I usually get the rent on time after that.

Either way I would never charge a late fee on a day or two late. I am not friends with my tenants but I do want them to enjoy living in my house not have a gruge until they eventually move out.

Re: Late fee - how to collect by NH LAWYER on July 8, 2009 @20:25 [ Reply ]
Caution: by law you can only charge $15.00 late fee.

You are hereby notified of your right to avoid this eviction by payment, prior to the expiration of this notice of all the arrearages plus fifteen dollars ($15.00) as liquidated damages, in accordance with RSA 540:9, provided however that you may not defeat an eviction for non-payment of rent by paying the arrearages plus $15.00 after an Eviction Notice is given more than three (3) times in a twelve-month period

If you do not follow this, you could find yourself subject to a $1000 per day payment.

Re: Late fee - how to collect by maryann (nh) on July 20, 2009 @12:13 [ Reply ]
NH Lawyer,

The $15 can be charged after eviction notice, according to what you wrote. I'm not at that point. To my knowledge some states do have laws that put a cap on what a landlord can charge, New Hampshire is not one of them. The state has no statutes that regulate late fees on rentals. If the tenant in your lease agreed to pay my $50 late fee if rent was not received on the first then that is what you must do.


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