Question on fees when tenant hasn't paid their rent...

Question on fees when tenant hasn't paid their rent...

Tammy HelblePro Member
Member since 2022 · 47 posts · 11 votes

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

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
3y

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. 

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  • Tammy HelblePro Member
    OP
    Member since 2022 · 47 posts · 11 votes
    3y
    Quote from @David Dachtera:

    @Tammy Helble,

    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 ...


     Interesting, I've never heard of anyone working it that way. Texas they wouldn't award late fees and the judge told me I'd have to take her to small claims for that. Thanks!

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