A tenant pre-paid 8 months of rent.

At month 5, tenant gets so stoned that he does not recognize the regular Orkin man and denies access to his unit. (Yes, he received ample notice of the service call.)

The fine for this breach is $35 according to his lease. A Notice to Perform is filed. The lease allows $5/day if the amount is not paid as “additional rent due immediately.” He still has almost $3,000 left in the pre-paid account.

Would you take the funds from the pre-paid rent account, thus shortening his pre-paid end date? Or, would you send a notice to the tenant explaining that his infraction is now costing $5/day in addition to the $35 original fine?

When not medicated, he is cooperative and congenial. No, he did not present as a disabled tenant. Orkin man said the unit smelled strongly of pot, which is another violation of the lease, but was not filed as a separate breach.

If your lease stipulates that the charge is "additional rent due immediately", then absent a clause that requires him to stay pre-paid at least $3,000 in advance you would simply deduct this charge from the pre-paid rent and no late fee is due.

Rent is rent. He has paid the rent that is due to date, as well as the $35. He is not late today. He will be late in approximately 3 months if no additional funds are received.

Send him a notice of the violation and a bill for the charge along with a "PAID IN FULL" stamp and include his remaining balance of pre-paid rent.

Thank you for the input. I mis-spoke in my original post - the lease reads, "18) Tenant agrees, without protest, to reimburse Manager for all actual and reasonable expenses incurred by way of Tenant’s violation of any term or provision of this Rental Agreement, including, but not limited to $35.00 for each Notice to Pay Rent or Quit, Notice to Quit or other notice mailed or delivered by landlord to Tenant due to Tenant’s non-payment of rent or other breach of Rental Agreement, all court costs and attorney’s fees, and all costs of collection. "

So, it is not a fine. I like giving him an accounting of his pre-paid rent stating that it is paid in full.

To Sid, the guy is non-traditional - a highly paid exec who took a year off of work to go on an adventure. He's near 50 years old, never married and, I think, came to Colorado because of the legalized pot laws. Aside from being quirky, he's been okay - but it won't hurt my feelings if he moves at the end of his rental period.

Pre-paid rents are usually a good thing - ruling out one headache (non-payment), but, there's almost always a kink somewhere....

Rocky,

Deduct it from his balance.

Send him letter so he cannot complain when that last month rolls around.