Eviction for nonpayment of late fees

[Renee R.]

I have a tenant who has been late with rent payments since August. He's currently paid through Sept, but hasn't paid Oct. He has racked up $360 in late fees. He said Oct rent is 'in the mail' and that he can't pay the late fees until next month. (That's what he said last month.) I've sent him the pay or quit notice and as of today I sent the eviction notice. If he doesn't cure by Oct 15, but does pay the Oct rent, can I proceed with eviction based on non payment of late fees? I don't see anything about this in NH law. I can consult my attorney, but thought I'd start here.

[Ann Bellamy]

Renee, your lease should state that payments are applied first to outstanding late fees and repair invoices.  So if a tenant doesn't pay a late fee, the next month's rent would be applied first to that late fee, and then they are short on the rent.  It needs to be spelled out in your lease.  

So depending on the wording of the lease, I would still consult a NH landlord attorney.  There have been several recent changes in NH landlord laws and I'm not completely up to speed on them.