Landlords rights, Tenant doesn't pay on time & won't pay late charges

I have a tenant rent is due on the lst, after the 5th a $75 late fee is due. They refuse to pay the late fee because my office was not open for them to make there payment (money order is their payment of choice), they have been provided mailing address and have chosen not to use it. I stopped by the unit to pick up the rent on the 6th and was informed that I was "harrassing them" and now they are not going to pay there rent at all. He asked me if I was going to Evict them? I was a little taken back, he said that I cannot harrass them and he knows his rights? What would you recommend I do to collect the rent. They have only been renting from me for 5 mos on a 12 month lease. - Is this your question? Add additional information

Answers (2)

Thuong-Tri Nguyen

Thuong-Tri Nguyen

Contributor Level 8
A rental is a business. In doing business, one often needs professional help. Right now the professional help that you seem to need is that of an attorney.

If what you wrote is correct and complete, the tenant does not appear to be correct on any count.

Frankly, having a bad tenant is often worse than leave the rental empty.

A landlord must follow statutory procedures to enforce the landlord's rights. Not following the procedures often result in having the landlord's action dismissed with attorney's fee being paid to the tenant's attorney by the landlord.

You should review your facts and options with an attorney.
John M. Kaman

John M. Kaman

Contributor Level 7
If your lease says the rent is due on the 1st with a 5 day grace period, then you can charge a late fee after the 5th day. Yours does not sound unreasonable considering that you probably have a mortgage to pay. If you are going to evict for non-payment, get a landlord's lawyer. It's a tricky process and one missed step means you have to start over.