All Forum Posts by: George I.

Quote from @Nathan Gesner:

Quote from @George I.:

Just because she's nasty doesn't mean she is right. [...] 

You should really rethink your late fee policy. If you ever end up in court, a judge will deem it "unreasonable" and erase them.

Agree with the first part 110%.

That being said, why do you feel my late fees are unreasonable? My understanding is that Ohio code shows 20% of the rent amount or less as  considered reasonable.
 Either way. At this point I'm probably going to waive the August late fees and simple collect the bad check of 200 plus bad check fee of 40.  I doubt anyone in their right mind would go to court arguing they should be allowed to deliberately write a bad check. 

Looking for quick legal opinion, at a high level in Ohio.  

Problem tenant, 3 month in a row of paying egregiously late.  Base rent is $1520.  Late fees are 25/day per the contract.

Rent due the 1st, late as of the 4th

She paid via Zell on the 14th (Aug), 12th (Sep), and then 15th (Oct).  Breakdown:

In August, kept making excuses.  Finally posted a 3 day notice on her door.  Shortly afterwards she Zelle pays 1520, and said "paid in full" via her email even though with late fees she SHOULD have paid 1720.  I send her an email saying she needs to pay an additional 200 to avoid further action.  Rather than file another 3 day notice on just the late fees, I drop the topic.  I never absolved her from owing me the 200, but I quit pursuing it.  ***QUESTION, can this 200 late fee be recouped from her security deposit?***

September, after serving another 3 day notice, she pays cash (saying she can't do Zelle anymore because a new bank), and this time pays WITH the late fees.  1695 total on the 12th.  All square for Sep.

October, drags her feet again.  Excuses, dodging - made me feel payment performance was improving only to rug pull and not pay.  3 day notice posted.  On 10/15, she pays me $1520 in "rent" cash, and the additional $200 in late fees in a check.  The check memo stated "late fees".  The check for $200 bounced days later as "duplicate presentation" - not sure how she achieved it, but she did.  I email her stating that she needs to pay me the 200 + 40 fee for the bounced check to avoid any further action.  Then further emails bringing it up as part of other topics.  Ultimately, I stop pursuing it again but also never absolve her from owing me the money.  This was the first (and last) check I ever accepted from her. ***QUESTION, can this 200 late fee / bad check and 40 bad check fee be recouped from her security deposit?***

I then force her to move to cash only from then on out.  No check, no western union, no zelle, etc. etc.  Pretty much Pays on time from Nov-March. If there was a 1 day late fee, she pays it, etc. (may have happened 1x in 5 months).. She just voluntarily moved out a few days ago thankfully.

She's being really nasty that she wants her deposit back... There are minimal damages (large driveway oil stain, cracked refrigerator shelf), but can I recoup the late fees from Aug?  Can I recoup the late fees, via bad check, from Oct?  October I am more hopeful for, since she HANDED me a check with intention to pay the late fees, only to have it bounce.

Thank you!