Bounced Check, Defensive Tenant

[Laurence V.]

First post on here though I've been lurking for a while. I'm relatively new and small time right now (2 properties, longest is just over a year). I could use some advice on a situation with a Tenant and my first bounced check. Long story short, she offered to partially pay the fee and sounds like she wants to move out.

Here are the details: Tenant claims its a bank error, but hasn't sent me any proof when I have asked. I informed her that a bounced check fee ($50) applies in addition to a late fee ($50 plus $5 per day capped at $100) to which she replied "This talk of fees ain't gonna happen." She also began berating me about problems with the yard which she had never brought up before. Meanwhile insisting its my banks fault.

I reluctantly talk with my bank, they assure me its not on their end. No surprise there. I again insist she provide me proof or pay the fees. ($145 by the time I got a new check.) She's now saying her bank 'Says funds were available but don't know what happened or what proof I need.' My tenant wants to pay $50 to be 'done with the situation and with me' and is asking when her lease is up.

I need some advice here. She's paying probably $75/mo below market rent already. She has generally paid on time but has been late by a day or two a few times which I overlooked and is generally very demanding for someone paying below market rates. Do I take the $50 and let her live out her lease to the end of Nov or try to go after the full fee while telling her she's free to leave so I can hopefully rent at the market rate?

[Joe Splitrock]

@Laurence V. I would hold firm on your late fees. Obviously her bank account didn't have the funds or the check wouldn't have bounced. If her bank made an error then they can reimburse her for the fees or call your bank to work it out. I would tell her the $95 will remain outstanding on her account until paid.