Possibly my first eviction

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Ok my tenant is 1 month late on rent although he gave me $1000 out of the $1500 he owes me yesterday. He has been consistently late for the last 7 months so I decided now is the time to go thru the process. I have been charging a late fee of $10/day 6 days after the rent is due. I decided to learn a little Md law and it turns out I have been over-charging the late fee - sometimes. MD law allows for 5% which is $75. Most of the time I have charged around $40 to $100. So will that hurt my chances of evicting? Obviously I'm going to have to tell him I will change the late fee to a max of $75 but will start the eviction process sooner instead of waiting 3 or 4 weeks.