question about LATE RENT

[David Cole]

My tenant has not paid rent for June as of this evening, June 6.  The signed lease states "Rent shall be paid on the first day of each calendar month.  If tenant fails to pay the rent in full before the end of the 5th day of the month, tenant will pay landlord a late charge of $75, plus $25 for each additional day that the rent remains unpaid past the 5th day of the month."  When the tenant signed the lease I told her this verbally as well.  These late charges are permitted by law in my state (Virginia).  Rent is paid by personal check.

This morning I emailed the tenant to let her know that I had not recieved the rent and that the late fees apply.  The tenant's response was that she is in Seattle on a work trip and she mailed a check from there (obviously not in time to arrive before the 5th) and because of this, is asking me to waive any late fees.  The tenant has lived in the rental since February 1st 2017 and the rent has arrived on the 5th each month, so I figured something like this would eventually happen.  

I don't think I should be "flexible" with her, as she was not proactive in telling me about mailing the check late and because it would set a bad precedent, not to mention that the terms were clearly spelled out.  How would you proceed?  Since a check may already be in the mail, should I tell her that she will need to send a separate payment for the late fees?  Any advice would be appreciated... this is my only rental & first experience with a late payment.  

[JD Martin]

I would definitely not waive the $75. I might forego the $25/day issue. It's the tenant's responsibility to mail a check well in advance. Why take mailed checks anyway? We only accept electronic payment or funds directly deposited into our locally provided bank account. No mailed checks. That solves that problem.

Anyway, make the problem the tenant's, not yours. Since February is not very long. No other company gives you "mail time" by looking at the postmark - you mail your check early enough to get there by when it is due.