The "lost my wallet and somone overdrafted my acct" excuse

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Hey BP folks, looking for a situation opinion here. First time this has happened to me.

I solely utilize buildium's e-pay service for rent collection and for the fisrt time had an "echeck" reversed for NSF. The tenant just moved in on 3/1/16 (@ $600/mo) and then wanted to pay the rent for april a couple weeks early via cash while I was there working on the lower unit. My reply was that he pay online through the tenant website as it is a condition of our lease agreement, its convenient, safe, yada yada. So on 3/31/16 he made the online payment, great. Then on 4/5/16 the payment was reversed due to NSF.

On 4/6/16, i applied the $50 late fee(normally is applied on the 2nd, no grace period) and applied the $35 NSF fee. Then I let him know the situation he asked if I was sure beacause he had a receipt for payment(buildiums auto email for making the payment) I replied with yes, check your bank and you'll see that I was never pulled.(confirmed this with buildium/forte). No response from tenant

On 4/8/16 he texted me that he needs a few extra days because he lost his wallet on the bus and someone used his card to overdraft his account and they have to do any investigation. My response was your 7 day notice was issued on the 6th so you now have 5 days.

Today I let him know that I would be going to the court house on the 14th to file for eviction if the balance was not paid. I also let him know that I removed the NSF fee as it never hit my bank and therefore my bank is not charging me for it. His reply, "so I just have to pay the 600 rent"

I haven't replied yet. So do I stick to my guns and leave the late fee on his account? Remove the late fee in hopes that this is a one time fluke? Remove the late fee if he proves to me via bank statements, investigation reference #, etc that his claim of losing his wallet is actually true.

Thanks guys, sorry for the long post.

[Cam Coplin]

I've had a similar set of excuses.  "My companies van with all my tools was stolen and I used the rent money for tools so rent will be late."  My response, "That's too bad, will your renters insurance cover this?  When you pay the rent be sure to add the late fee.  I'll talk to the partners and see if they'll refund the late fee when you send a police report."  He never came up with the police report, but did pay the rent plus late fee.  Several months later his rent check NSF'd.  He said someone hacked his checking account and he didn't know it until it was too late.  I said "When will you be paying the rent plus NSF fee plus late fee.  I'll talk with the partners and see if they'll agree to refund the late fee after I get a statement on bank stationary signed by a bank officer that you're account was hacked and a police report."  He never sent these materials, but he did pay the rent and all fees.

Moral of the story.  Charge the fees and communicate you're willingness to CONSIDER return late fee if he provides adequate third party documentation.