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Never Charged Late Fees, Shame On Me

Hi, I have a new tenant that signed in mid February and moved in on 3/1 giving them just shy of 6 weeks to setup the rent transfer to my bank account which had a while page for this in the lease.  Rent is due on the 1st, without demand, and on 4/1 because they did not set things up they wanted to pay via PayPal.  Sigh.  I said OK as long as I do not get charged fees or that they pay for them.  Because of fees and returning the payment and delays for money to get back into accounts I got paid on 4/17.  I ask that they do a bank transfer and refer them to the lease instructions.  On 5/1 rent it's better but I get a bank check in the mail on 5/3.  OK almost on time and way better but checks which I have to remote deposit and money take a day or two to show so I have it in my account on 5/5.  I again tell them it's easy to set up a bank transfer and let me know if I can help with it.  For the 6/1 rent I again get it late and a bank check that clears into my account on the 6th.  At this point I actually call her bank and get the specific step-by-step instructions so she can send the rent via a bank transfer.  Her bank uses PopMoney which is about as easy as it gets and tells me that it is all set for July.  On 6/29 I get a text message that the rent and some utilities ($115) have been sent via PopMoney  YES!!  FINALLY!!!  On 7/5 I get $1000 of the $1325 rent.  On 7/6 I get the utilities.  I text her and she says that it was all submitted on the same day and it should get there soon.  On 7/10 send a text asking for the $325 still owed.  No word.  Again send a text asking about it on 7/13.  Still no word.  I forget about an automatic withdrawal from this account and get a $33 insufficient funds charge on 7/16 and text her letting her know this and that I am going to charge them for this as a late fee and to respond as to when the now $358 can be expected and if we can speak on Thursday to see what the problem is and if we can work to resolve this.  No word.  At this point since I never triggered any of the past late fees am I able to send them a 'Demand For Payment' letter for the $358  and also stating that if the 8/1 rent is not received and in the account on the 1st that I will be strictly abiding by the terms of the lease and charge any late fees accordingly.  Sorry for the long setup but at this point would I be able to assess the late fees that I should have been owed for all the other late payments or did I forgo that right by letting it slide?    As for late fees if it is a partial amount owed, $325 of the $1325 total, how is that calculated?  I'm thinking that the 'rent' is the full $1350 amount and that any late fee, within reason on the delinquent amount, should be applied.    Last question is this at the point that I should just cut bait and send a 'X Day Notice to Quit'?  If so what is a reasonable amount of X days?  It is a single mother of two (18 and 6) and her boyfriend and his son (7 I think).  Thanks in advance for any input/help on this!    Dave

Wow!  No paragraph breaks in this forum?!  Wasn't one long run-on paragraph when I submitted it!
Wow!  No paragraph breaks in this forum?!  Wasn't one long run-on paragraph when I submitted it!
Yea,  the lack of paragraph breaks can make it had to read the post.    As far as the old late payment before July I'd probably let them go because I didn't enforce it at the time unless your going to go for the eviction then I'd list them as charges in the court docs,   If you are going to give her another chance you could open a account at her bank then she can just transfer the money from one account to the other without this popmoney thing.  Did you have her boyfriend sign the lease also?  I always have all adults living in a property sign the lease.   If not married I make sure the roommate addendum is in the lease.  Also the utilities go in their name.  I don't want to be stuck paying someones utilities if they stop paying me while I work through an eviction.
Your probably going to need legal advice on this one. Do you do credit and background checks on your tenants?
Thanks for the Scott and Jonathon.  I sent the demand letter and am letting go of the old fees and stated that beginning with the August 1st rent payment I will enforce all late fees.  Being the good guy again.  I do have both the adult parents on and cosigned on the lease but anything I have ever sent to him has never been read and she is the only one who responds.  I did also do my due diligence and ran credit checks on both.  They were both a little below my set lowest score.  His had some old late payments that were 18+ months old.  Her credit was was just non-existent never having had a credit card or bills in her name.  Both their previous landlords as well as the ones before them all said they would rent to them again so I took a chance.  The reason to move was they were moving in together and neither place they lived before could accommodate.
Actually just got a text and she is mailing me a money order for the late portion and going to mail money orders going forward.  Not ideal but going to have them mailed directly to my credit union a minimum of 3 work days before the first so the funds are available and in my account, so it is there when they pull my mortgage.  We'll see how this goes.
Actually just got a text and she is mailing me a money order for the late portion and going to mail money orders going forward.  Not ideal but going to have them mailed directly to my credit union a minimum of 3 work days before the first so the funds are available and in my account, so it is there when they pull my mortgage.  We'll see how this goes.
Actually just got a text and she is mailing me a money order for the late portion and going to mail money orders going forward.  Not ideal but going to have them mailed directly to my credit union a minimum of 3 work days before the first so the funds are available and in my account, so it is there when they pull my mortgage.  We'll see how this goes.
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