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I have a tenant in Iowa that constantly pays her rent late,

Customer Question
Hello, I have a tenant...
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: 2 years ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
3/4/2016
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,101
Experience: Attorney over 17 years, landlord 26 years
Verified

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

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Customer reply replied 2 years 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.
Lawyer: barristerinky, Attorney replied 2 years 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

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Customer reply replied 2 years ago
Hi, I have been trying to rate you 5 stars, but it doesn't submit it. I will keep trying. Thank you.
Lawyer: barristerinky, Attorney replied 2 years ago

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

.

Barrister

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