My tenant was late several months and at that time I did not charge her the daily late fee for rent. She was having a hard enough time coming up with the rent and I knew that an extra $50 or so she wouldnt be able to come up with. She is now moving out, can I retroactively charge her the late fees and deduct them from her deposit? The late fees are actually more than the deposit at this point so she technically owes me more but I would be happy with just the deposit. Is there any law that late charges have to be charged/paid at the time of the late payment?

Thanks

I don’t know how much of a deposit you have, but it may not cover the damages she incurred. You need to refer to your state law and your lease. If this gets to court you may not be awarded all of your late fees, but that would depend on the Judge. Keep in mind that the Judge will also determine if your late fees are reasonable.

All that I can ever find in the state statutes is a few sentences about how long before I have to return the deposit etc. Is there somewhere else to look for laws regarding landlords/tenants. Ive looked all over and just cant find any more details on the laws,

Thanks

Whether or not you will be successful will depend on the strength of your lease and your written communication with your tenant. If your tenant can produce your notices with no late fees attached she may had reason to believe that you waived the late fees. If she decides to battle you in court for the deposit the Judge may see it her way too. I would take the honest approach and deduct for damages and the money owed rather than taking advantage of a bad situation. Your best bet is to clean up and rent the unit out ASAP. Take a good look at your lease and determine where you can make improvements and where you could have made better decisions in dealing with your tenant.

P.S. Landlord-Tenant Acts are not universal. Look under your State Landlord Act.