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.....