Evict tenant for late rent payments

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rskelto

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Folks, I need some advice regarding evicting a tenant for consistently paying their rent late. My tenant has made it a habit in paying their rent 3 to 4 weeks late each month. The lease agreement states that rent is due "on or before the first of the month" and that a late fee of $35.00 would be applied for payments made past the due date. The problem is the tenant seems to think that he is not in default of the lease agreement if he makes payments past the due date as long as he pays the late fee. It would not be a big problem if this was a one time event, but this has been going on for three consecutive months in which payments have been received late. I am fearful that when the lease term is up, the tenant will walk out owing a month or more in rent. I am interested in knowing what my options might be.

In addition, I tried to help a young couple out by agreeing to keep the utility bills in my name. They agreed to reimburse me monthly for these charges. I am paying the utility bills as soon as I get them and forwarding a copy of the bills to my tenants so they can send their payments to me by the due dates indicated on the bill statements. So far, they are paying these bills about 30 days past the due dates. Is it lawful for me to notify the tenant that in one week, I will take the utilities out of my name and that they need to have them turned on in their name.

This is starting to look like some sort of plan to cheat me out of one or more months of rent and utilities. I'm trying to figure out what my options are in avoiding or reducing my exposure for loss. The home is in New York so I need to know what is permissible in that state.
 
Although many leases include a late fee, this does not mean this is acceptable. Notice that you may file for eviction based on NO rent payment may jolt this tenant back into reality.

What state do you live in?

Gail

P.S. Interestingly enough, I was just speaking with a young real estate agent this past weekend. He also has some rental property. He tells all of his tenants he doesn't include a late fee in his lease. Instead, if the rent is not paid on the first of the month, he begins the process of eviction on the second day of the month.
 
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