Collecting late fees, repairs etc - Landlord Forum thread

Collecting late fees, repairs etc by Tim (FL) on August 5, 2012 @13:22

Scenario:
Jan 6th-Tenant pays rent($1000) late resulting in $60 late fee
Jan 15th-Window is broken, landlord has repaired for $300
Feb 1st-Tenant pay rent on time($1000)
-Landlord uses payment to cover late fee and repair expenses first ($360). This leaves tenant short $360 for Feb rent.

Question: Wouldn't accepting the payment and applying a portion to fees result in the landlord creating a situation where he has just accepted a partial payment for rent ($640)?
Would the landlord have to return the $640 to the tenant before sending a 3-day?

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Re: Collecting late fees, repairs etc by Jake on August 5, 2012 @14:12	[ Reply ]

No, you post a Pay or Quit notice for the shortfall in rent. If not paid, file for an eviction. You do not need a tenant like this. After posting the P/Q, send one out by certified mail too. The tenant does not get to decide what they will pay and when.

Re: Collecting late fees, repairs etc by MrDan (Georgia) on August 5, 2012 @19:20	[ Reply ]

Florida Statutes does not address late fees. Nowhere in the Landlord/Tenant Act are late fees mentioned. You can place late charges on your Three Day Notice in most counties if they are considered additional rent, you can evict a tenant for failure to pay rent and late charges, and you most likely can deduct unpaid late charges from the security deposit if they are owed when a tenant vacates. The key is to be sure that your lease address's late fees as additional rent, and any other damages due as additional rent also. If you use the payment to cover late fee and repair expenses first ($360). This leaves tenant short $360 for Feb rent... If your lease defines late fees and damages are due as additional rent, you should return the $1000 (partial rent) and the 3 day notice would be for the entire amount due ($1360). Some judges have been known to invalidate a notice because it contained additional fees. Call around and ask some local landlords or attorneys what they have encountered with the local judges. The question becomes did you send the tenant an invoice for the amount of $300, due as additional rent, before the next rental period is due and it's also in the lease. If so, In that case, yes maybe you do return the $1000, because it would be a partial payment and issue a 3 day notice for the full amount due($1360). Perhaps it's best to accept rent and bill the $360 damage to window as a seperate invoice due on demand if your lease is silent on additional rent. You can always deduct it from the security deposit. But never renew the lease without making sure that any money owed by tenant has been paid beforehand. What should have happened in January, if rent was late, and lease stated late fees are additional rent, then the acceptance of the $1000 without the late fee would be partial rent. You would return the $1000 and issue a 3 day notice for the amount due of $1060. Accepting Febuary rent without the late fee for January would waive your right to evict for the non payment of Januarys late fee. In Febuary, the 3 day notice would be for the window ($300) and Januarys Late fee ($60). The payment of $1000 would be a partial payment and you would return it back to tenant for the full payment of $1360. This amount would be listed on the 3 day notice. Hope this makes sense? Jet Lag has set in...

Re: Collecting late fees, repairs etc