Landlord Question and Answer Forum

Iam re-posting this question. I think previously I posted under the wrong category. 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

If the rent is due on the first then you should be getting two late fees one for April and one for May. And it is doubtful she would be caught up by June so she will also owe for June. The payment should go to the oldest debt first so when she pays in May that money gets credited for Aprils rent. Unless you have judgement for back rent then credit the payment to the current month and leave the judgement in-tacked until they pay everything.

Posted by Scott H, VA on Wednesday, May 22, 2019