Tenant has been late 3 times with rent in the past 13 months. I charge a $50 late fee written in lease. He only paid late fee once only because I deducted $50 from money I paid him for fixing a deck. The other time I let it go and told him I would only forgive him once (I know -bad move). Today is the 16th and he has not paid. I spoke with his wife and told her I will not accept rent without late fee. Supposely, he will bring me rent today. My question is- if check do not include late fee -should I refuse it? How should I handle this? I was told if I do accept it then I really can't collect late fee. --67.86.32.159

You are setting a bad precedent.. For this tenant to follow, he's going to believer that you really don't need or want the monies if you keep taking the monies w/o late fee. I had a situation like that and I also had set a bad precedent. The way I solved it for her to pay on time, is to take her to court. Stop taking the monies with late fee and take her to court regarding it to make a point. I am the owner of this place, not you. I make the decision and you must follow them or get out. Remember they need you more (a place) to live a, than you need them. Once they believe you need them, more than they need you then there are always problems..

I hope it works out for you. --64.252.182.102

I charge a $9 per DAY late fee, with no grace period. If rent's due on the first and they pay on the 2nd, it's rent + $9. The later they are, the more it's going to cost.

With 4 tenants over 7 years, I have NEVER had a late rent check! Be tough to start, then flexible later if the situation warrants (other than illness or accident, I can't see what could warrant being late.)

Good luck. --66.42.115.206

If they don't pay you they are just testing you, Just like a little Kid. --216.163.59.96

Now, in my leases, I specify that all money is applied first to outstanding non-rent obligations (i.e. late fees, damage assesments, fines, etc.), THEN to rent obligations. My grandfather always told me NEVER refuse money. Check on the specific laws of your state. The way my leases are written, I can accept whatever monies are given to me without weakening my position for eviction. If they pay me late, and the late fee is still outstanding, I make them sign an eviction holdoff agreement.

The best $300 I ever spent was joining my local apartment association and buying their legal guide and lease forms. I sleep alot better at night, and it has vastly simplified my life. I actually make a good amount of money on late fees, and it almost adequately compensates me for the hassle involved. --216.233.83.193