Ogden, Utah Eviction for unpaid late fees?

[Ben Visser]

Looking for input on an eviction we are working through:

Coldes on 4-plex in mid-May. No sale/escape clause was in the existing leases so we figured we'd tread water for the 6 months until we could turnover and bring better tenants in. 

1 tenant has been late every month  on rent so far. Lease states:

"In the event that any payment required to be paid by Tenant hereunder is not paid within Five (5) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of $50 and $15 a day for each additional day that rent is unpaid. If a notice or Summons for non-payment of rent or eviction process then Tenant shall a notice delivery charge of $50 for each delivery. ....."

Tenant was a day late (paid on the 6th) and did not pay the late fee. 

Meanwhile, tenant was given a letter giving 16 days for the tenant to clean up all the trash, debris, and 5 lawnmowers, etc that were in violation of the "clean and tidy" clause of the lease and, I suspect, city code. We also were not given keys at closing. This tenant stated he used combo locks on his doors (the bike kind) because he was always losing keys. We gave him 16 days to provide a key and working locks. A section of the lease requires the tenant to maintain the hardware.

16 days came and went with no clean up, no key, and no late fees paid. We had someone deliver a 3 day pay or vacate, a 3 day comply with key/hardware, and a 3 day clean up or vacate. Day 3 he deposits $100 in the rent account, yard is cleaner but not clean, and no key. So the $100 comes in 14 days after rent is due. Tenant states he doesn't owe $15 a day, because the monthly rent amount was paid in full 1 day late and that stops late fees from accumulating. From my read of the lease he owes us $50, plus $15 a day from 7/7-7/19 when it is paid. Also, he owes $50 for the 3 day notice delivery.

From what I gather, he is still in "unlawful detainer" because he owes remaining fees, the property wasn't clean at the end of 3 days, and still no key. 

I plan to file the eviction case early next week. In your experience, where do you think I stand on the fees and case in general?

**I offered to come up with a move-out plan and allow him more time to get out (rent still being paid, etc) but his response was "see you in court." Long term he can't afford this place. He has no full time job etc. I thought my offer was on the generous side.