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Eviction for Non-payment of Late Fees - Landlord Forum thread 210440







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Eviction for Non-payment of Late Fees by Michelle (OH) on October 14, 2010 @08:32

                              
Does anyone know if you can evict a tenant for non-payment of late fees, etc? I have a tenant who regularly pays late, bounces checks and has outstanding maintenance bills for plumbing issues caused by her. Can I still evict if I have accepted her rent payment but she hasn't paid the other outstanding charges? They now amount to over $1,000.
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Re: Eviction for Non-payment of Late Fees by Anonymous on October 14, 2010 @09:12 [ Reply ]
Unless you specified on your lease contract that the late-fees are considered part of the rent, you won't be able to evict where your reasoning is non-payment of rent. Typically, in your case, you would deduct this on the SD when your tenant leaves.

However, one thing you can initiate is to send a notice to cure for paying rent late habitually and issuing bounce checks. Then if it happens again, you can initiate eviction.

Also for bounce checks, I usually send notice that I won't accept checks anymore from them. Rent would only be payable via Cash, Bank Check or Money Order after the first BC.

Re: Eviction for Non-payment of Late Fees by P-Bone in WNY (NY) on October 14, 2010 @09:16 [ Reply ]
The best way is to write your leases so that any unpaid fees become "additional rent" and then applying any regular rent payments to the outstanding "additional rent" first, then issuing notice that they have $XX in outstanding rent still due. That way you are not necessarily evicting for non-payment of fees, but non-payment of current rent.
Re: Eviction for Non-payment of Late Fees by Tony (TX) on October 14, 2010 @10:11 [ Reply ]
From our lease(s):

Any and all late fees, NSF check charges, billings to Tenant for maintenance services (i.e. yard work not performed in a timely manner) etc. will be considered as additional rents under the terms of this agreement. Lessor reserves the right to apply any payments towards late fees, and past due balances before applying them to current balances.

I think it should cover all possible scenarios.

Here in TX, if you end up in the JP court for an eviction, the judges do not recognize the late fees as part of rent anyway, so those would have to be sought in a civil judgement...

Re: Eviction for Non-payment of Late Fees by Monipenny (Oh) on October 14, 2010 @10:29 [ Reply ]
Well, this will all depend on a couple of factors.

1. How long and how many months have you "allowed" this to go on? By allowing it, I mean by not making request or demands for the fees to be paid.

2. What have you tried to do to collect past late fees and outstanding maintanance bill?

3. Are late fees written in your agreement?

If you have not ignored these charges and tenant willfully ignored, blew you off, claims will pay next month, etc., Then issue tenant a 30 day notice to pay all charges owed, express in the notice that late payment without the late fees are no longer accepted. Be sure to give notice on or before the rent due date (Ohio is a term State) meaning notices begin on the day rent is due regardless of when you send the notice. If rent is due on the 1st, you can send the notice today, but technically they would have until Nov. 30th to pay up.

If they don't pay late fees by Dec. 1st with their rent, DO NOT ACCEPT THEIR RENT, issue them a 3 day notice to vacate, then proceed to evict if rent and all fees owed are not paid prior to filing the focible entry and detainer action (eviction).

I had rented to tenants last year who after the first couple of months began paying late, disregarding the late fees to paying with bad check, which I refused when verifying the funds. This tenant was like a rebellious child who did all she could to try to manipulate me so that she could create a pattern of paying late without late fees, writing bad checks to having attitudes when I addressed the issues. When she came to pay the rent in cash for the bad check, she tried to hand it and run off claiming to "have to run" I stoped her and said "you can't go anywhere until I count the money, I always count cash in front of tenants to avoid any discrepencies later" Reason being, if tenant pays less than the amount required, and later claims to have paid in full, though she wouldn't have had a receipt to prove what she paid, I still make it my practice to count cash in front of tenants for this reason.

In this case, she paid the rent but again, no late fees. Before I could finish asking her why she hasn't included the late fee much less prior late fees, she claims "she will pay it later". No doubt she was trying to manipulate me to eventually let late fees go and establish a precident of this so that I could never have any recourse later (which by the way can not legally be deducted from deposit if you have not made good faith attempts to make tenant pay)

She signed a lease in Aug. 2009, by May 2010 (9 months), I had enough of her games and avoiding the late fees, she didn't pay late every single month, only when she thought I had let my gaurd down.

May 1st, I send her notice to pay all late fees owed and explained that late rent without the late fees would no longer be accepted. June 1st, she dared test me, sent me a check for the rent, ignored the accumulating late fees and to top it off, the check was no good. I called to verify the bad check.

I began writing up my 3 day notice to deliver it on the 2nd. She had the nerve to call me about some issue with the house, don't remember what it was. I asked her if she was home, she said, no why? I told her "I would be serving her a 3 day notice today" She goes, "what? Why? I paid my rent" I responded with "no you didn't, a bad check doesn't count, furthermore you did not include your past late fees and I sent you a notice last month regarding that. Your rent will not be accepted without all past fees paid." she claimed she never got that letter, I called her a liar, that wont fly. She asked if I would take payment arrangements, I said "NO you had your chance to do that, and payment arrangement would have been to pay your late fee EACH time you paid late."

She agreed to bring her rent to me in cash including late fees immediatly after work. She did. And since then, only paid late once and paid the late fee with it (I didn't have to ask for it this time). Her lease was up in August and I know she's looking to move, no reason other than she wants a different landlord.

Last month I got a call for a landlord reference, well, you can imagine what I told the PM. A week ago, this tenant called and left a message on my anwering machine for another place I have for rent, not even realizing who she was calling.

I should have returned her call and said "If you don't like renting from me on --- Ave. What makes you sure you would like renting from me on ---- Ave.?

Re: Eviction for Non-payment of Late Fees by Mike Oxlong (Mi.) on July 1, 2014 @21:50 [ Reply ]
You cocksuckers need to ease up on the tenant unless they are complete douche bags. It's very hard to survive this day in age unless you are very wealthy. Your rent isn't the only bill in our names.

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