Q: Tenant hasn't paid rent. I'm selling & filing a warrant. Can I add collection costs (filing fee + 200 mi trip to court
I have a tenant is is three months late on a utility overcharge (pursuant to lease clause) and 16 days late on rent. Lease has late rent fee provision of $50 after the 5th, and 15 days after utility notice, and $5 per day for any late fees after the 10th day. Two questions: Can I charge a separate $50 fee for each payment? Can I charge costs of collection (filing fee and mileage to distant courthouse to file and again for court--200 miles round trip each time)? Or do I need to simply eat that as covered by the late fees? This is complicated by the fact that I am closing on its sale on Dec. 21. I really don't want to withhold the security deposit from the new owner, but that's an option for most of the principal debt (late rent only).
A: The terms if the written Lease will control. Your lease allows for the $50 late charges so you can claim them. If the lease gives you a right to claim the other expenses, you can claim them too, otherwise you cannot.
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