Late fees RE: Abandonment

I began renting a condo to a family beginning June 2008 and we have no reached the final month of the lease agreement. Rent was due May 1 and as of today (5/15/2009), I have yet to receive it. I notified them that this would be the last day in which they could pay the rent+late fees.

Unfortunately, they have decided to move out instead of paying the rent and late fees. Of course, I am not relegated to using the security deposit for the final month's rent. My question is this:

Am I allowed to collect any sort of late fees associated with the delayed payment? I mean, I always had the security deposit, but I was not aware that I would have to use it for rent until today, May 15. Also, the apartment complex to which my tenant is looking to move contacted me asking me for an address to send a landlord verification form. What do I do with this form? Am I legally obligated to fill it out even before business is completed between the tenant and myself? Should I report the tenant to a credit agency for non-payment?

Any guidance would be greatly appreciated. --205.145.xx.xx

Late fees RE: Abandonment (by Geoff [KY]) Posted on: May 15, 2009 9:51 AM
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meant to say I am NOW relegated to using the security deposit for the final month's rent. --205.145.xx.xx

Late fees RE: Abandonment (by TE [TX]) Posted on: May 15, 2009 10:41 AM
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What does your lease say regarding late fees?

Tell the tenant are responsible for rent until the end of the lease and their deposit cannot used as the last months rent. You are filing eviction proceedings for non payment and once you file you will no longer communicate with them or any prospective landlord. The only way to recify the situation is for them to perform until the end of the lease. Otherwise they will get a judgment against them that does not go away. --99.53.xxx.xxx

Late fees RE: Abandonment (by Hamlet [GA]) Posted on: May 15, 2009 11:36 AM
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Don't overlook the probability that you may have a claim against them for damages to your property.

As far as the reference from the apt complex, once you file the eviction, you are free to relate that info to the apt complex - I wouldn't say "I plan to file." Generally, in this situation, my response is limited to "I would not rent to them again." That should be sufficient info. But you are under no obligation to respond at all - however, I am sure you would like to hear from them if the tables were turned. --74.176.xxx.xx

Late fees RE: Abandonment (by Red [GA]) Posted on: May 15, 2009 11:39 AM
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TE gives good advice, but he/she didn't emphasize YOU NEED TO START EVICTION TODAY!, enough. --65.12.xxx.xxx

Late fees RE: Abandonment (by LC [IL]) Posted on: May 15, 2009 11:41 AM
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Have you served them the pay or quit? If not, wait no longer, do it today!

Then they can "quit" in the allotted time, if they choose.

Tell them that yes, you will file for the eviction if rent is not paid, period. Reiterate that DEPOSIT IS DEPOSIT, not LAST MONTH'S RENT.

You might try to see it KY has a tenant site, I know ours in IL says plainly that deposit cannot be used for last month's rent. Sometimes when they see it from an "official" source, they act right. --69.155.xx.xxx

Late fees RE: Abandonment (by sid [MO]) Posted on: May 15, 2009 12:02 PM
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Typical tenant game..."well, you can just use the deposit for last month's rent"...Uh, no, that's not how it works. The deposit is only used AFTER the lease term is over and tenants have properly vacated to cover unpaid rents. They've still got a lease and so they are still obligated even if they move out.

That said: good luck collecting. That's the hard part. --204.80.xxx.xx

Late fees RE: Abandonment (by Geoff [KY]) Posted on: May 15, 2009 12:35 PM
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Well, the issue is this:

I know it is hard to take the high road in this situation, but I've never had problems with these people until the final month. They've always paid on-time and in full. I am not sure I want to damage them. I know the place is in good condition because I was there recently, so part of me WANTS to accept the security deposit as the last month's rent. Is this unwise? --205.145.xx.xx

Late fees RE: Abandonment (by GKS [KY]) Posted on: May 15, 2009 1:00 PM
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I guess the bottom line is that they are leaving without a fight so I am not sure I see any reason to incur unnecessary expenses by starting the eviction proceedings. But, I am for a reason. I am a newbie, so in the end, I have no idea what I am doing. --205.145.xx.xx

Late fees RE: Abandonment (by Red [GA]) Posted on: May 15, 2009 1:23 PM
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For them to leave on their own, they probably have to get a good recommendation from you (at least for the apt complex that is sending you a form). Are you going to tell the truth or are you going to lie for people who just shafted you by not paying the rent they agreed to.

You also say it was in good condition. Have you looked under the furniture or in the cabinets? Also have you ever seen the damage a tenant can do while moving out?

You are the one who is going to be out money therefore you are gambling on people who are shafting you on the rent.

Oh one other thing, what if the apt complex doesn't accept them anyway even if you lie for them. --65.12.xxx.xxx

Late fees RE: Abandonment (by Virden [OH]) Posted on: May 15, 2009 2:42 PM
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I would advise the apartment office that I would not rent to them again based on payment schedule - they will understand if you get questioned then the person calling is a friend and not the apartment office. Just rent a movie and save energy for when it is needed, clean/repair/paint/show/re-rent this unit. --76.241.xxx.xx

Late fees RE: Abandonment (by Martin [MO]) Posted on: May 15, 2009 3:00 PM
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Yes, you can charge them late fees for this month (in Missouri--not sure about your state). --68.93.xx.xxx

Late fees RE: Abandonment (by Geoff [KY]) Posted on: May 15, 2009 3:42 PM
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Ok...I might as well come clean so that I can get the most accurate answers. I didn't do enough research at the beginning and I approached this Landlord thing very much like an unsavvy businessman. So...I spent the security deposit on upgrades for a different home. Unbelievably foolish, I know. Spare me the lectures, please, as I won't make the same mistake again. Where do I go from here? --74.138.xxx.xxx

Late fees RE: Abandonment (by Josh [CA]) Posted on: May 15, 2009 8:19 PM
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Do your security deposit accounting with in the time frame set by your state. They moved out without giving a 30 day notice. So you are owed that. Use the SD for the unpaid rent.You can add in the late fee. Return any $ due to them within the time period allowed.

You're budgeting too tight. Give yourself more $ wiggle room. Save upgrade $ for major repair or risk LL failure.

--66.214.x.xx

Late fees RE: Abandonment (by SRM [OH]) Posted on: May 16, 2009 8:35 AM
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I believe they owe the current month's rent plus late fee and the following month due to a 30 day 'notice' that would include next month. You should now prepare the place for new renters and try to fill it. If rented that could lessen the amount uncollected from their years lease.

In my area the best thing to do is notify them of money owed via the Deposit Return Statement. If they ignore it we file in the Court of Small Claims. --64.12.xxx.xx

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Late fees RE: Abandonment

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