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Updated over 2 years ago, 06/27/2022
Can a landlord evict a tenant for not paying late fee?
Hi everybody,
I have a tenant who did not pay her rent on time. She was aware of the late fee and she agreed to pay it. However, when she sent her payment, she only paid the rent, not the late fee. She said she will follow the late fee, but did not pay yet.
When she was late for the rent more than 7 days, I sent a demand letter to her for the delinquent rent payment + late fee. When she did not pay until day the 11th day, I was about to file an eviction. She paid at the day 15th. But she only paid the rent not late fee. She direct-deposited the money to my account. I asked for the late fee payment too, but she did not answer.
Should I just refund her payment and continue the eviction ? Can I evict a tenant for not paying late fee? Also, do I make a precedence of accepting a partial payment if I don't take any action for her not paying late fee?
I really appreciate your sharing an experience and advice.