How does "oldest debts get paid first" clause work in lease

Question

I would like to add an "oldest debts will be paid first from the rent" clause to my lease, but I'm a bit confused about how this is applied in the real world.
                    
                    Let's say the rent is $1000/mo.
                    
                    They pay the full $1000 for February rent, but they never paid, say, a rent late fee or a water bill (that was in my name but they were required to pay me each month) that was due in January, for $30. 
                    
                    So with the rule applied, they've only met $970 of their $1000 obligation for February rent. However, if I accept the $1000, technically I'm accepting a partial payment of rent, which is a bad idea. So would the idea be to just refuse the $1000 payment and post the 3 day notice at that point, or are these "old debts" just carried on and removed from the security deposit at the point when they move out? Thanks.

Jon Holdman · Answer

Why add a clause to your lease that's hard to understand?  I have this clause in mine:

This means in your example, if I accepted the $1000, $30 would go to the other items, leaving $30 of the rent unpaid.  I also have this clause:

I would not let the tenant repeatedly partially pay, as in your example, then take the rest out of the security deposit.  The first clause above is specifically to give me the ability to evict if they don't pay EVERYTHING they owe.

Jared S · Answer

If a tenant has been in a unit for 8 months with rent at $400/mo, they currently have been charged $3200 total. Lets say they have paid $30 short for one month, $10 short another, $25 another month (just random examples). Bringing the total they have paid in rent $3135; $65 short on their account.

Isnt that all that is to it? Is a clause necessary? When it comes down to it, they have been charged $3200, and have only paid $3135, so you evict on the difference.

I guess my point is that a clause for this situation seems almost irrelevant, doesn't it?

As for what my step father responded; I guess in the past when landlords across town would accept rent and apply it to past late fees, then evict on the current balances, judges would throw out the eviction since the landlord paid off the late fees first and not the rent. It wouldnt matter what clause the landlord did or didnt have, if the judge doesnt like the lease (meaning, too strict I suppose?), he'll scrap the eviction.

Everything definitely depends on the states unique laws and apparently boils down to the judges view as well.

Jon Holdman · Answer

After having been repeatedly ripped off by tenants, there are no warnings.  Rents due, in full, on the first.  Last day to get it to me is the fourth.  If I've not been paid in full by the morning of the fifth, the pay or quit goes up.  On the eighth the eviction gets filed.

How does "oldest debts get paid first" clause work in lease

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