Ok to apply partial payment towards late/bad check fees? : ezLandlordForms

T

Todd H

started a topic about 16 years ago

My tenants in Florida wrote a bad check for September rent and then the replacement check (company check from tenant's employer/father) bounced also. By this time October rent was due and unpaid. I posted the 3-day notice for both months. They came up with a partial cash payment and promised to pay the rest by Friday (payday.) Of course the did not pay. Even though my lease (the standard Florida Realtors and Florida Bar Association and FL legislator endorsed lease) has provisions for late payment and bad check fees, it is not worded as "additional rent." I did not add the amount of the fees in the original 3 day notice. Can I now safely deduct the fees from the partial payment recevied when calculating the balance due for my next 3 day notice? BTW, I've learned my lesson - no more partial payment. Pay in full or leave...

D

Donna

said about 16 years ago

I beleive in Florida you can sue in court for rent, interest and/or costs. I would check with an attorney or even your local courthouse to be sure.

T

Todd H

said about 16 years ago

Yeah, I think I'm safe regarding subsequent actions as far as sueing for amounts due. It was more the 3 day notice I was concerned about. I keep reading everywhere that late fees, etc., may not be included on the 3 day notice unless the lease states they are "additional rent." In any case I decided to not add in the fees to any calculations for now, to be safe. It sucks that Florida judges have gone this way - it essentially means there is no real enforcement of late fees unless your lease specifically includes the wording "as additional rent."