Tenant in mental ward - charge a late fee?

[Marci Stein]

Couple with 3 young sons moved in
5 months ago and have paid on time since.   

today the husband called to say he will be 2 weeks late because the wife had a mental breakdown and was hospitalized for a week , so he had to stay home . 

also he informed me next month he’ll be a week late because he needs to catch up . 

the lease states there is a late fee after 3 days . 
is it fair to charge him under these circumstances? 

[Brian Boyd]

Fair vs. Legal are two different things. I would suggest a letter to the tenant stating that due to these circumstances and his communication with you that you will waive the late fee this month and next but you still reserve your rights under the lease for future late payments and then wish them well and send a card to get well soon. Take this as an opportunity to build good will.