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General Landlording & Rental Properties

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Ed L.
  • Residential Real Estate Agent
  • Hattiesburg, MS
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Late fees included in eviction notice?

Ed L.
  • Residential Real Estate Agent
  • Hattiesburg, MS
Posted Mar 22 2017, 06:54

Somewhat of a follow up to my question last night.  

My lease agreements dictate a $20 late fee for rent received after the 5th and then $5 per day for any rent received after the 10th.  

I have a couple tenants that are routinely late but always stay current on their rent usually paying by the 15th.  I don't personally have an issue with this as it results in an additional  $45 per month in cash.  

The problem arises when a tenant isn't staying current.  I have 1 property with tenants that are chronically late and keep getting later dragging into the next month.  At that point it's like a snowball.  

I've somehow managed to avoided having to evict anyone in the 5 years of owning and managing my own rentals. 

So say for example it's the 20th and tenant hasn't paid. 

I finally decide to send out the 3 day notice.  Do I include the $800 rent + $70 in late fees in the notice?  

The reason I ask is because I used the rocket lawyer site for a template on my last 3 day notice and it stated that late fees where not to be included in the notice. 

Further complicating things is the fact the late fees change on a daily basis with my current penalty structure.  

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