Question on fees when tenant hasn't paid their rent...
Tammy HelblePro Member
Member since 2022 · 47 posts · 11 votesQuestion on fees when tenant hasn't paid their rent...
Most Popular Reply
Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votesIf late fees weren't stated in the lease, then I wouldn't charge her late fees. You are unlikely to see any of the money, so stick with a simple request for outstanding rent.
26 Replies
- Member since 2020 · 117 posts · 56 votes3y
Quote from @Tammy Helble:
Hi there,
One of my duplexes in Harker Heights (which is right next to Killeen) has not paid rent for months. Longer story there but learned a lot. Anyway, I had my court case this past Monday and of course won. My question is that since she hasn't paid rent for the 4 months can I charge her late fees for each month she was late or only one month's late charges? I'm in the midst of filing my small claims and wasn't finding the answer to my question. I would believe it would be for each month she's bene late but just not sure. Thanks in advance!
Cheers, Tammy
Hi Tammy, since each monthly rent payment is its own, I would agree it is for each month’s payment that is late. Do you have a standard late charge for rent being late? I would just multiply that amount by the number of months that were late.
- 3yJohn UnderwoodPro MemberInvestor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votesI agree, charge a late fee for every month late.
Quote from @Daniel Molina:
Quote from @Tammy Helble:
Hi there,
One of my duplexes in Harker Heights (which is right next to Killeen) has not paid rent for months. Longer story there but learned a lot. Anyway, I had my court case this past Monday and of course won. My question is that since she hasn't paid rent for the 4 months can I charge her late fees for each month she was late or only one month's late charges? I'm in the midst of filing my small claims and wasn't finding the answer to my question. I would believe it would be for each month she's bene late but just not sure. Thanks in advance!
Cheers, Tammy
Hi Tammy, since each monthly rent payment is its own, I would agree it is for each month’s payment that is late. Do you have a standard late charge for rent being late? I would just multiply that amount by the number of months that were late.
Don't know many people that get paid even after going to court but it's worth a shot. - Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes3y
@Tammy Helble, you might be a little late in figuring this out now. Check your state's laws but when you filed to evict you should have been claiming all the monies the tenant owed you up the the point of filing (rent and late fees). The fact that you apparently didn't include the late fees might make it hard to now claim they are owed.
If damages exceed their deposit when they move out you may decide to sue them again for the excess damages. If so, tack on those late fees then and see if the judge will add them to the award on the second judgement.
Also, yes late fees are usually charged each month they are late paying. So, in your cases 4 late fees. However, some landlords (depending on their state's laws) charge a daily late fee and there is gets more complicated to calculate.
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
If late fees weren't stated in the lease, then I wouldn't charge her late fees. You are unlikely to see any of the money, so stick with a simple request for outstanding rent.
- 3yColleen F.Pro MemberInvestor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
@Tammy Helble Your lease should have the answer. If you list a $35 late fee/mo then that is for every month the rent is late. don't pay january $35 , still not current in February another $35
- 3yKonstantin GinzburgPro MemberMember since 2021 · 376 posts · 242 votes
What does your lease outline as late payments? When in doubt, always refer back to what was agreed upon in the lease (as long the lease does not violet local tenant laws). If your lease should not only state how much the late fee is for but also when the late is triggered. If your lease does not specifically outline this, then I would look into amending the lease to add this the next time you are able to renew the lease (once the current lease expires).
- Member since 2022 · 47 posts · 11 votes3y
Quote from @Daniel Molina:
Quote from @Tammy Helble:
Hi there,
One of my duplexes in Harker Heights (which is right next to Killeen) has not paid rent for months. Longer story there but learned a lot. Anyway, I had my court case this past Monday and of course won. My question is that since she hasn't paid rent for the 4 months can I charge her late fees for each month she was late or only one month's late charges? I'm in the midst of filing my small claims and wasn't finding the answer to my question. I would believe it would be for each month she's bene late but just not sure. Thanks in advance!
Cheers, Tammy
Hi Tammy, since each monthly rent payment is its own, I would agree it is for each month’s payment that is late. Do you have a standard late charge for rent being late? I would just multiply that amount by the number of months that were late.
That's what I did as I do have the standards for the late fee. It was just how I was reading other things that at first looked like maybe you could only apply that to one months worth. I agree though and do think since it's 4 months of being late it should be 4 months of late charges.Thanks!
- Member since 2022 · 47 posts · 11 votes3y
Quote from @John Underwood:
I agree, charge a late fee for every month late.Quote from @Daniel Molina:
Quote from @Tammy Helble:
Hi there,
One of my duplexes in Harker Heights (which is right next to Killeen) has not paid rent for months. Longer story there but learned a lot. Anyway, I had my court case this past Monday and of course won. My question is that since she hasn't paid rent for the 4 months can I charge her late fees for each month she was late or only one month's late charges? I'm in the midst of filing my small claims and wasn't finding the answer to my question. I would believe it would be for each month she's bene late but just not sure. Thanks in advance!
Cheers, Tammy
Hi Tammy, since each monthly rent payment is its own, I would agree it is for each month’s payment that is late. Do you have a standard late charge for rent being late? I would just multiply that amount by the number of months that were late.
Don't know many people that get paid even after going to court but it's worth a shot.Thanks, I agree and know it may not be worth it. I did see a note off another person's question and they expressed handing it over to a creditor and let them do the heavy lifting so I may also go that route. I'd never even thought about that.
- Member since 2022 · 47 posts · 11 votes3y
Quote from @Kevin Sobilo:
@Tammy Helble, you might be a little late in figuring this out now. Check your state's laws but when you filed to evict you should have been claiming all the monies the tenant owed you up the the point of filing (rent and late fees). The fact that you apparently didn't include the late fees might make it hard to now claim they are owed.
If damages exceed their deposit when they move out you may decide to sue them again for the excess damages. If so, tack on those late fees then and see if the judge will add them to the award on the second judgement.
Also, yes late fees are usually charged each month they are late paying. So, in your cases 4 late fees. However, some landlords (depending on their state's laws) charge a daily late fee and there is gets more complicated to calculate.
Thank you! I do have my leases set up for a daily late fee so I did calculate to the end of this month what that would be. I did include my late fees in my court filing however the judge told me he wasn't able to award those and I'd have to take that part of it to small claims. I was awarded the back owed rent, the court fees I paid to file and 8.25% until the day she fully pays me back. Now I figure I'll take it to small claims and then pass along to a collections company to do the heavy lifting for me.
- Member since 2022 · 47 posts · 11 votes3y
Quote from @Theresa Harris:
If late fees weren't stated in the lease, then I wouldn't charge her late fees. You are unlikely to see any of the money, so stick with a simple request for outstanding rent.
I do have late fees built into my leases. I figured it may be a long shot. Thanks!
- Member since 2022 · 47 posts · 11 votes3y
Quote from @Konstantin Ginzburg:
What does your lease outline as late payments? When in doubt, always refer back to what was agreed upon in the lease (as long the lease does not violet local tenant laws). If your lease should not only state how much the late fee is for but also when the late is triggered. If your lease does not specifically outline this, then I would look into amending the lease to add this the next time you are able to renew the lease (once the current lease expires).
I do have late fees addressed in my leases. When I'd first read it though I was thinking it only applied to the first month they were late however I think I was so tired looking at it initially it would aply to the continuous late payments therefore I tacked on 4 months of late charges.
- Member since 2022 · 47 posts · 11 votes3y
Quote from @Colleen F.:
@Tammy Helble Your lease should have the answer. If you list a $35 late fee/mo then that is for every month the rent is late. don't pay january $35 , still not current in February another $35
I reread my lease a few more times and came ot that conclusion. I think I was so tired the first few times I was thinking it may have only applied ot the first month late and not the subsequent months. Thank you for that!
- 3yTheresa HarrisPro MemberMember since 2019 · 15k+ posts · 11k+ votes
Quote from @Tammy Helble:
Quote from @Theresa Harris:
If late fees weren't stated in the lease, then I wouldn't charge her late fees. You are unlikely to see any of the money, so stick with a simple request for outstanding rent.
I do have late fees built into my leases. I figured it may be a long shot. Thanks!
If you have the fees built into the lease, then one charge per occurrence. So if she hasn't paid for 4 months' rent, charge 4 late fees.
- Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes3y
Quote from @Tammy Helble:
Quote from @Kevin Sobilo:
@Tammy Helble, you might be a little late in figuring this out now. Check your state's laws but when you filed to evict you should have been claiming all the monies the tenant owed you up the the point of filing (rent and late fees). The fact that you apparently didn't include the late fees might make it hard to now claim they are owed.
If damages exceed their deposit when they move out you may decide to sue them again for the excess damages. If so, tack on those late fees then and see if the judge will add them to the award on the second judgement.
Also, yes late fees are usually charged each month they are late paying. So, in your cases 4 late fees. However, some landlords (depending on their state's laws) charge a daily late fee and there is gets more complicated to calculate.
Thank you! I do have my leases set up for a daily late fee so I did calculate to the end of this month what that would be. I did include my late fees in my court filing however the judge told me he wasn't able to award those and I'd have to take that part of it to small claims. I was awarded the back owed rent, the court fees I paid to file and 8.25% until the day she fully pays me back. Now I figure I'll take it to small claims and then pass along to a collections company to do the heavy lifting for me.
Interesting. In my state of Pennsylvania late fees would be awarded with the eviction.
You may be able to avert this issue of needing to go to court separately for the fees by adding in a clause in your lease that says that fees and bills are payable AS RENT. This way the fee is actually categorized as "rent". So, maybe the judge would award that money with the eviction because it is considered rent under the lease. - Member since 2022 · 47 posts · 11 votes3y
Interesting! I'd never heard or thought about it that way. I'm new enough at this that I was just using the forms that BP provided but let me look into that. Thanks!
- Member since 2022 · 47 posts · 11 votes3y
Quote from @Theresa Harris:
Quote from @Tammy Helble:
Quote from @Theresa Harris:
If late fees weren't stated in the lease, then I wouldn't charge her late fees. You are unlikely to see any of the money, so stick with a simple request for outstanding rent.
I do have late fees built into my leases. I figured it may be a long shot. Thanks!
If you have the fees built into the lease, then one charge per occurrence. So if she hasn't paid for 4 months' rent, charge 4 late fees.
Perfect, thanks!
- Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes3y
This is a Texas answer and you probably will not like it. The reality is you have less than 1% chance of ever collecting the past due rent granted in the judgement much less the late fees unless they were military using the deposit waiver. No garnishment of wages is allowed in Texas
Hopefully they will move and you will not have to get a writ. When they move, 100% of your focus should be on getting the property rented
- Member since 2022 · 47 posts · 11 votes3y
Thank you for that yes definately not what I wanted to hear. She is currently in the military but due to get out soon. Crazy though as I didn't realize you couldn't garnsh wages. I can however from another recommendation send it to collections. I'm learning a lot that's for sure! thanks agian!
- 3yJohn MorganPro MemberRental Property Investor · Grand Prairie, TX · Member since 2018 · 2k+ posts · 2k+ votes
Yep, add each month and tag on the late fees your lease states. The judge will award you all late and legal fees on top of rent outstanding. You won’t ever see a penny of it so it’s a moot point. lol. But put it all in there just in case this tenant ever wants to buy a home some day. They’ll have to pay you off.
- Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes3y
Quote from @Tammy Helble:
When I file for eviction, I file for the judgment at the same time. That's when you should calculate all the costs incurred. You can always add charges like cleaning and repairs since the Tenant is still in the rental.
Yes, the late fee is charged each month.
The DIY Landlord Book4.7248 Reviews - 3yCorby GoadeBusiness MemberInvestor · Boise, ID · Member since 2014 · 3k+ posts · 3k+ votes
Quote from @Tammy Helble:
Hi there,
One of my duplexes in Harker Heights (which is right next to Killeen) has not paid rent for months. Longer story there but learned a lot. Anyway, I had my court case this past Monday and of course won. My question is that since she hasn't paid rent for the 4 months can I charge her late fees for each month she was late or only one month's late charges? I'm in the midst of filing my small claims and wasn't finding the answer to my question. I would believe it would be for each month she's bene late but just not sure. Thanks in advance!
Cheers, Tammy
I'd add all of the late fees in, IMHO, they are due. However, depending on the judge you get, they could view that as predatory and not look on you as kindly. There's a risk/reward balance to everything.
Best of luck!
- Rental Property Investor · Rockford, IL · Member since 2014 · 4k+ posts · 2k+ votes3y
My experience with landlord friends in Metro Chicago is that judges will award back rent, but not late fees.
I was renting from one of them for a while. His strategy is to offer a discount if rent is paid on time. For example, if the rent is $900, he gives a $100 discount for paying on time. So, the actual rent you pay (on-time) is $800. If he has to go after a tenant for non-payment, he is able to claim the full $900 rent without the judgement hassles.
My $0.02 ...
- Member since 2022 · 47 posts · 11 votes3y
Quote from @Nathan Gesner:
Quote from @Tammy Helble:
Great point! Thanks!
When I file for eviction, I file for the judgment at the same time. That's when you should calculate all the costs incurred. You can always add charges like cleaning and repairs since the Tenant is still in the rental.
Yes, the late fee is charged each month.
- Member since 2022 · 47 posts · 11 votes3y
Quote from @John Morgan:
Yep, add each month and tag on the late fees your lease states. The judge will award you all late and legal fees on top of rent outstanding. You won’t ever see a penny of it so it’s a moot point. lol. But put it all in there just in case this tenant ever wants to buy a home some day. They’ll have to pay you off.
Awesome, thank you!!
- Member since 2022 · 47 posts · 11 votes3y
Quote from @Corby Goade:
Quote from @Tammy Helble:
Hi there,
One of my duplexes in Harker Heights (which is right next to Killeen) has not paid rent for months. Longer story there but learned a lot. Anyway, I had my court case this past Monday and of course won. My question is that since she hasn't paid rent for the 4 months can I charge her late fees for each month she was late or only one month's late charges? I'm in the midst of filing my small claims and wasn't finding the answer to my question. I would believe it would be for each month she's bene late but just not sure. Thanks in advance!
Cheers, Tammy
I'd add all of the late fees in, IMHO, they are due. However, depending on the judge you get, they could view that as predatory and not look on you as kindly. There's a risk/reward balance to everything.
Best of luck!
I'd asked the judge about the late fee and he expressed he couldn't rule on that however he awarded me the past rent owed, court fees at 8.25% until paid off. Granted I know that may not mean anything but it's a start. Thanks!
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