Landlord Question and Answer Forum

I am in VA state and I own few rental properties. One of my tenants has not paid April and May rent yet. We did serve them 5 days to pay or vacate notice. Still she did not pay the April rent. My husband is a very lenient person and did not want to file the eviction in the court. Now the tenant has promised us to pay (by May 24), April rent + May rent along with late fee and bounced check fee. If she does not pay by May 24, I will file the eviction papers in the court. My question is...if the tenant pays ONLY May rent, but wants to hold April rent for financial reasons, then does the late fee apply only for April month rent or does the late fee keep on adding for the other months for April rent? The monthly rent is $1,350.00 and the late fee for April is $135.00. If the tenant does not pay on May 24, then should I charge another $135.00 late for April rent because she did not pay in May month either. Any help will be appreciated. Thank you

You cannot "skip" a month's overdue rent (pay May but not April). Any money paid should be applied to the first missed months rent. That'll keep things simple.

Posted by Matthew M, IL on Thursday, May 30, 2019

If she only pays May rent and not April, still charge her for the late fee until she pays the April rent

Posted by Grace c, on Tuesday, April 14, 2020

You apply the rent as it is owed--April first then May--The tenant doesnt dictate the method of how money recieved is applied. Also check the local law regarding the COVID tenant protection law.

Posted by Lori G, OR on Wednesday, April 15, 2020