late charges
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late charges (by pamela doyne rice [AR]) May 17, 2019 4:03 AM
       late charges (by Robert J [CA]) May 17, 2019 4:44 AM
       late charges (by Paulio [PA]) May 17, 2019 6:03 AM
       late charges (by Ken [NY]) May 17, 2019 7:51 AM
       late charges (by S i d [MO]) May 17, 2019 8:05 AM
       late charges (by John... [MI]) May 17, 2019 8:25 AM
       late charges (by S i d [MO]) May 17, 2019 9:12 AM
       late charges (by Oregonwoodsmoke [ID]) May 17, 2019 9:27 AM
       late charges (by Busy [WI]) May 17, 2019 10:22 AM
       late charges (by Doogie [KS]) May 17, 2019 10:24 AM
       late charges (by John... [MI]) May 17, 2019 11:50 AM
       late charges (by Vee [OH]) May 18, 2019 2:31 PM
       late charges (by fred [CA]) May 18, 2019 8:26 PM

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late charges (by pamela doyne rice [AR]) Posted on: May 17, 2019 4:03 AM

State Specific Question About: ARKANSAS (AR)

What do you do when your tenants wont pay their rent late charges but always pay all of the rent. Especially the tenants that are on housing or section 8 ? Do you just keep putting the balance on their rent receipt and say you will deduct it from their deposit whenever they move out ? or can you evict them ? --108.239.xx.xx

late charges (by Robert J [CA]) Posted on: May 17, 2019 4:44 AM

In most cases you can NOT evict for a tenant not paying their late fee's as stated in their lease. But what I do is send them a letter that they owe "so much" in late fees and need to remit it with their next rental payment or before. Then when the tenant hasn't paid the late fee, I sen them a notice that I'm deducting their late fee from their deposit. I get proof that the tenant has received that notice.

Then I can always sue in small claims court or when I raise their rent, I also raise their deposit also, asking them to maintain the required deposit balance.

Out of 100 tenants who were late at some point during the year, I had around 20% refuse to pay their late fee. These tenants didn't get the perks I give to other tenants. --47.156.xx.xx

late charges (by Paulio [PA]) Posted on: May 17, 2019 6:03 AM

I have it written in my lease that any money paid gets applied to late fees first. So if someone owes $50 in late fees, the next time they pay rent the first $50 pays that off. They still owe me $50, but instead of owing it as a late fee they now owe actual rent, which I can evict for.

late charges (by Ken [NY]) Posted on: May 17, 2019 7:51 AM

Do what Paulio said to do

late charges (by S i d [MO]) Posted on: May 17, 2019 8:05 AM

Ditto what Paulio said. My tenants ALWAYS pay the late fee....unless they pay nothing at all. In which case it's a slam dunk.

We get what we allow. If you allow your tenant to play games, they will play games. So the easy solution is to stop allowing it.

late charges (by John... [MI]) Posted on: May 17, 2019 8:25 AM

Agree with the others -- you apply any payments to late fees FIRST and then only to rent... EXCEPT:

You mentioned Housing and Section 8. Are they paying a PORTION, at least? If they are paying a portion, then you can apply their portion towards the late fees first as suggested above.

However, if Section 8 is paying their ENTIRE payment, then you actually may NOT apply any of that to late fees first due to your separate agreement with the government. They won't allow you to do that.

So, it really matters here if they are paying for ANY of their rent or if it is 100% subsidized by the government through a Housing Voucher or Section 8.

- John...

late charges (by S i d [MO]) Posted on: May 17, 2019 9:12 AM

John...if Sec 8 is paying 100%....I wouldn't think there should be any late payments. I've seen weird things with Govt money, though. *shrugs

Anyway, nit-picky details aside, the bottom line is we get what we allow. If thru some quirk of your state laws, a Sec 8 contract, or whatever that says you CAN'T apply money received to late fees first, then you must make a decision to continue accepting late payments with no late fee or terminate the contract. Some folks will rationalize and say they'd rather just keep getting the rent even without the late fee, but think about this: if they're not following the on-time rent payment part of the lease....what OTHER parts of the lease are they not following?

To me, on time payment of rent on time is one of the most important parts of our lease. If a tenant don't make their full rent on time a priority, then we don't want them as a renter. Too many other problems comes along when people feel it is okay to stiff the land lord.

late charges (by Oregonwoodsmoke [ID]) Posted on: May 17, 2019 9:27 AM

In some states, you can not deduct late fees from the rent. You can't do that in Oregon. I suspect that a Section 8 lease is not going to allow it, either. I know you can't evict for non-payment if the government doesn't pay their share-- and sometimes they don't.

So, OP, check your lease and read your local law. Then remember that old saying about getting fleas when you lay down with dogs. If you take their money, you must play by their rules.

late charges (by Busy [WI]) Posted on: May 17, 2019 10:22 AM

Cannot deduct late fees first in some states.

late charges (by Doogie [KS]) Posted on: May 17, 2019 10:24 AM

The tenant I had recently that refused to pay late fees found himself moving and then his account was given to collections. I now have a garnishment on him and collecting his late fees every month.

So yes, I agree with the others above.

late charges (by John... [MI]) Posted on: May 17, 2019 11:50 AM

Sid: HA! You're right. I somehow didn't put that together. Of course it isn't 100% Section 8 since we're talking late fees. :) My bad.

- John...

late charges (by Vee [OH]) Posted on: May 18, 2019 2:31 PM

When you get tired of dancing with this partner return the late-rent and get a new partner you don't have to babysit, the beer is cheap and lousy with sec8.

late charges (by fred [CA]) Posted on: May 18, 2019 8:26 PM

"Late fees" or "Late charges" as we used to indicate in our leases are not accepted by CA liberal judges anymore. These judges now demand a proof of damages from LLs who claim that the rent was late, which is one way of rejecting the right of the LL to impose a late fee, the way we used to.

So crafty CA lawyers came up with "administrative cost" of $3 a day associated with collecting and recording late rents when rent is not paid on time, for a maximum of 20 days. It must be in the rental agreement.

You don't pay your cable bill on time, you get a late fee.

You don't pay your property tax on time, you get a late charge.

You don't pay your credit card bill on time, there is a late fee.

And so on.

Only LLs have to show how they were damaged by their Ts who was late.

This is another example of the assault on mom and pop LLs in CA. Coming soon to your sate.

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