How would you handle this?

[Jimmy S.]

O boy here goes try to make a long story short

Had first, last and security upfront.

Couple moved in july, he was arrested in september.

Rent was due September 1st never paid still as of today. I was forced to use their last month rent on 9/30 by them since they were so far behind and I needed to pay the mortgage. They are telling me I should have about $400 on october 10th and will be caught up by end of October, he started a new job (Also repaying back last month that I used, september rent even thought it was not intended for that, its not their last month)

He seems very controlling and was cursing me out on the phone f this and f that. I will bring my lawyer and sue you because your place is not up to code (1 thing they caused, wired fan wrong idk why) and that I am not allowed to step foot on " his house" without 24hrs notice. ( read the lease I can), and legally he said he has 5 days to pay the rent, anyways I am trying to resolve the issue with them but seems he is always looking to start more trouble.

So not sure if I should charge them late fees for september rent since I really used the last month rent but its not intended for that or even now if I can charge them September fees since i used last month rent temporarily.

Would you charge them fees for September and October or how would you handle this? 

Afraid if i charge them late fees about $250 it will be just to much to handle for them and really screw me over, damage the place, and make me evict them.

If it was a better time of the year I defiantly would have evicted them but with winter coming and oil heat the place is going to sit a couple of months and i will need to pay to heat it, plus not to mention the $400 in court fees I would need to pay. I am willing to ride it another week to see if they give me any money but if not I will file for eviction.

How would you handle this, this has been 1 of my worse experiences as a landlord in 4 years and not really sure how to handle this.....

[Kelly Sennholz]

I would have started the eviction last month. Say little. Do not try to "be right". Complete the eviction and get them out asap. People who have just been arrested are not the most friendly. Avoid talking or communicating with them. Just get them out, politely but professionally. ANYTHING he says is bluster to con you into another free month of rent. Do not talk to them, just evict them.