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late fee
by Herman (OR)
on April 15, 2017 @13:44
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Tenant pays late all the time and said he does not have to pay me a late fee because I asked him for it.
I told him I want $100. late fee. He says no. What do I do?
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Re: late fee
by Kat (WI)
on April 15, 2017 @14:32
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Is the late fee defined in your rental agreement or lease? If you have a month to month agreement with no late fee defined, you can send a 30 day notice of change of terms of tenancy but won't be able to collect for prior late payments.
If your rental agreement defines the late fee, send a written demand for the payment of the late fee. Then you can choose whether to non-renew the lease or try to evict. You wouldn't be evicting for nonpayment of late fees. You would be evicting for 'habitual late payment of rent'
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Re: late fee
by Katiekate (New York)
on April 15, 2017 @16:01
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If you have a late fee in your lease...then you can charge it.
Depending on what State you are in.....you send an account statement. In this statement you itemize the rent, the late fee. You show the payment of the late fee...deducted it first from the money they pay...then the rent shows as having not been paid in full. Demand the remainder of the rent.
If it goes to a second month...then you decide if you want to evict or just wait till the lease is up and give them notice to move.
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Re: late fee
by Anonymous
on April 16, 2017 @13:53
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Sounds to me as though you didn't include a late fee clause in your rental/lease agreement or you wouldn't be asking this question.
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Re: late fee
by Cedar Ponds (Oregon)
on April 18, 2017 @12:43
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This is the relevant ORS about it.
https://www.oregonlaws.org/ors/90.260
I suspect your tenant is right. You probably can't charge him a late fee because you didn't specify it in the rental agreement with the amount, day it would be due (by state law can't be before the 4th day after the rent was due), and it can't be an unreasonable amount. Unless the rent amount is really large $100 is not going to be seen as reasonable.
There are other laws around late fees and other important landlord tenant laws you should get familiar with. There are other changes to state landlord tenant laws that renters rights groups are trying to push through that are very punishing to landlords. They would like to make it so expensive for a landlord to terminate a tenancy that it will basically be renters choice only. They are also trying put in state wide rent control. So you probably need to get this situation under control very quickly in case state laws do change in this direction. If your rental is in Portland, it has already happened.
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