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How should I apply payments to prior late fees for a NC rental?

As a landlord, I know I can charge a late fee (<=5%) for late rent payments. However, North Carolina landlord tenant law has a provision that I'm apparently too stupid to understand:

"A late fee under this section may be imposed only one time for each late rental payment. A late fee for a specific late rental payment may not be deducted from a subsequent rental payment so as to cause the subsequent rental payment to be in default." (NC GS § 42‑46(b))

As I understant it, if a tenant incurs a February late fee, I can't deduct the late fee from their March payment if it causes their March payment to be short. However, if the tenant's March payment is short any ways, can I still deduct February's late fee? Or do I deduct the late fee from the tenant's February rent payment -- even it if causes the February rent payment to be short?

I mainly ask, because the last time I took a tenant to court for non-payment, I did not deduct late fees from the tenant's payments. Instead, I included the late fees in the listing that brokedown the tenant's balance owed (rent, late fees, damages, etc.). The (nasty, Judge-Judy-wannabe) magistrate made the snippy comment, "Well, if you didn't collect it back then, then you can't collect it now." Er, I wasn't sure how to take that and since NC is practically a third world country, I decided against arguing with her.

2 Answers

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  • 1 decade ago
    Favorite Answer

    Yes, I would agree. You can't deduct late fees from next month's rent. You might want to consider what we do, although you may have to wait until lease renewal. Our leases state that if you are late on the payment you MUST include the late fee and if you don't we are not obligated to accept your rent payment and can proceed with eviction.

    realtor.sailor

    Source(s): I'm a property manager
  • 1 decade ago

    You should charge this as an extra on top of the rental payment, we have it written in our lease that if this amount is not paid then it can be deducted from the deposit when they leave x

    Source(s): I'm a Property Consultant
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