Dallas-Fort Worth Real Estate Investor Club

Late fees from prior months after tenant pays current late rent

  • 10 Oct 2025 4:21 PM
    Message # 13551271

    Does that make sense?!

    I am in another eviction situation. Court date is Monday.

    Meantime, the tenants have not paid rent in full for August or September but have now paid October rent plus $200. 

    OR do I credit those payments toward the previous past due rent amount? and continue to accrue late fees for October? 

    TIA

  • 11 Oct 2025 10:02 AM
    Reply # 13551424 on 13551271
    I always apply anything collected to the earliest payment due.  They can't pay October without paying August and September first.
  • 11 Oct 2025 10:15 PM
    Reply # 13551545 on 13551271

    Payments should be applied to what is outstanding first. 

    So there is no misunderstanding I have this in my lease. Any payment is applied to late fees before being applied to outstanding rent payments and then to current rent. 

  • 11 Oct 2025 10:23 PM
    Reply # 13551546 on 13551271
    Robin Carriger (Administrator)
    The lease should be clear that any payment received will be applied to the earliest charge due that has not yet been paid.  Otherwise, tenants might pay a partial amount of the current month's rent, which is oftentimes done to buy time for the tenant.  Justices of the Peace don't like landlords to keep any portion of the current month's rent while evicting the tenant for non-payment of rent for that same month.  That's been my experience.
  • 12 Oct 2025 10:24 AM
    Reply # 13551594 on 13551271

    All good to know, and very timely!

    In other words, the late fees keep accruing for the current month? What if the lease doesn't address this at all? (It's not come up before. The last attorney that reviewed my lease did not mention it.)

    But I am making sure that my current accounting reflects this practice.

    Thanks all.

    Last modified: 12 Oct 2025 11:07 AM | Paula Robertson
  • 15 Oct 2025 10:40 AM
    Reply # 13552553 on 13551271

    So now the tenant has until 10/21 to pay the rent due as of the court date (10/13), which amounts to September rent plus 13 days of October without late fees. 

    If she doesn't meet this requirement, what then? 

    Will I ever be able to recoup the late fees for this period (which continues now)?

    (By the way, the judge upheld my right to refuse to accept the payment from the charity that wanted me to complete a W9.) 

    Last modified: 15 Oct 2025 10:41 AM | Paula Robertson
  • 15 Oct 2025 5:59 PM
    Reply # 13552777 on 13551271
    Robin Carriger (Administrator)

    Over the last 10 years or so, I've learned multiple ways to get someone to move out without having to endure the costly expense AND delay of an eviction.  I've actually had tenants thank me as they were on their way out.

    I won't give every detail of those methods here, but the general idea is to creatively minimize your cost & timeline by aligning your priorities with theirs. 

    Here are a few thoughts to consider:

    1. Tenants should want to avoid having an official eviction on their record.  It makes getting another place to rent much more difficult.
    2. Tenants don't want to live under a bridge.  Giving them a transitionary alternative to that can give them some breathing room as they figure out their next steps while simultaneously/quickly getting them out of your property.
    3. I never advocate for lying to a tenant, or to anybody else for that matter, but, if you know the law, the fact that most tenants don't know it can work in your favor.
    4. Don't get rattled by tenant threats.  Maintaining your professional composure is vital throughout this process.  It can be an emotional challenge for some landlords, but realizing your advantageous position will help you keep your cool.

    Paula, If you need more details, feel free to give me a call.  OR... just ask me for more here.  I just gotta run for now.  :-)

    Thanks, Robin  :-)

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