Gloria... I have the waiver of written notice requirement in my lease agreement. I also have the tenant will pay all attorney/court fees statement in my lease.

So, I realize I can't charge the late fee until the 6th. But since I have the waiver of written notice, can I call an attorney on the 2nd and start the eviction process and then charge the tenant for the attorney/filing fees if they pay on the 5th?

I have an additional step I'll have to go through with this tenant, that's why I'm wanting to start the process earlier rather than later.

Thanks.

TCA: 66 28 201 states:

c) Rent shall be payable without demand at the time and place agreed upon by the parties. Notice is specifically waived upon the nonpayment of rent by the tenant only if such a waiver is provided for in a written rental agreement.

(d) There shall be a five (5) day grace period between the day the rent was due and the day a fee for the late payment of rent may be charged.".

Sorry it took me so long to respond. I wouldn't call an attorney on the 2nd, I'd mail an eviction notice on the second giving them 30 days to get out.

Thanks. I called the fiance yesterday. Check was postmarked yesterday and I received it today. Can't talk or mail notices to one of the tenants about money (big no no) because she filed Chapter 7. That's the little extra step I'm talking about and the reason I'm on this so quick. I would have to go to the federal bankruptcy court and ask the judge to “lift,” or remove the automatic stay before I can start eviction.