Ask a landlord-tenant lawyer and get answers ASAP
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Have you given the tenant a written notice to pay or vacate?
When the tenant paid the rent, did you apply the payment to any delinquent late fees first and then apply the remainder to the rent due?
Do you have a written lease that specifies the late fee?
That is entirely acceptable to do because the oldest debts can be paid first out of any incoming money.
So you can give her a 3 day notice showing the entire amount that is behind, late fees and rent, and then if she doesn't pay the entire amount within that 3 days, you can evict through the courts.
But if she has rent today, then I would apply it to all the past due late fees and issue a new 3 day today for any balance due..
Thanks much. If you can't get through, you can contact JustAnswer customer service and they should be able to help..