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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...
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