Hi John,Late fees are still enforceable - you just cannot evict on them or get a judgement through an Unlawful Detainer beyond the worthless $75.

I did look up Delawares landlord tenant code & from the way I'm understanding it is "unlawful" to collect such deposit..

I don't recommend that unless there's an identified problem.Don't make it all punishment.

If you win the auction, personally, I'd hire an eviction attorney for an unlawful detainer action and be done with it.

It shall not be unlawful under this act for: a.

I'm by no means trying to be shady, a jerk, or unlawful, but really curious how I could make this deal work.

Not even once I let myself think I can do anything unlawful in my landlord´s house.

Those that were lenient on their tenants and kept rents below market might be punished (but then again it only takes 2-3 years at close to 10% rent increases to get to market, presuming you're not THAT far below).

Each time we serve a legal notice, we charge an additional twenty dollars ($20.00) posting fee.If you do not follow the terms of the “Notice to Pay Rent or Quit” we may then begin eviction proceedings against you and you will be charged with the crime of “Unlawful Detainer” if a judge upholds our claim.The amount of rent now due, as of today’s date _________________, is as follows:Current Month Late Fee_______________Current Month Rent_______________TOTAL DUE_______________Time is of the essence.  

Once I filed for an unlawful detainer, it's never held up in court.