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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33794
Experience:  Attorney for over 15 years, landlord 26 years
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I have a tenant in Iowa that constantly pays her rent late,

Resolved Question:

Hello, I have a tenant in Iowa that constantly pays her rent late, but never pays the $60 late charge. I would like to evict her, but not sure how to proceed in this case. Please help.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

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.

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Have you given the tenant a written notice to pay or vacate?

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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?

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Do you have a written lease that specifies the late fee?

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thanks

Barrister

Customer: replied 9 months ago.
I have a written lease with the late fee clause. Now last month I wrote the receipt for the late fee first, then showed the deficit in her rent. I'm not sure how a judge would look at that, nothing in the lease says the late fee is paid first. Now I am getting ready to pick up her next late rent, but not sure how I should do the receipts. I mailed her 3 day notice yesterday, but she has her rent today.
Expert:  barristerinky replied 9 months ago.

That is entirely acceptable to do because the oldest debts can be paid first out of any incoming money.

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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.

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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..

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thanks

Barrister

Customer: replied 9 months ago.
Hi, I have been trying to rate you 5 stars, but it doesn't submit it. I will keep trying. Thank you.
Expert:  barristerinky replied 9 months ago.

Thanks much. If you can't get through, you can contact JustAnswer customer service and they should be able to help..

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Barrister

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