security for late fees and unpaid rent

[psyclesally]

What is the name of your state (only U.S. law)? CT
My tenants have made their last 7 months rent payments over ten days late but have never paid a late fee. They have a little over one month left on their lease and have not paid rent at al this month. They are intending, I believe, for me to just use the 2 months security in lieu of rent. I will then have nothing left to collect for late fees and bounced check fees and damages, if there are any, to the home. Can I use security for late fees and bounced check fees in CT? I plan to file a notice to quit for unpaid rent so that I won't sacrifice the entire security. Any advice?

 

[Andy0192]

Have you ever sent them written notice that they owed late fees?

Why haven't you sent them a pay or quit notice?

 

[JETX]

Can I use security for late fees and bounced check fees in CT?

Don't you just LOVE it when someone decides to enter the BUSINESS of being a landlord... and has NO idea what they have to do or can do??? READ YOUR STATE LANDLORD-TENANT LAWS!!
For example, did you know under YOUR state laws, YOU are required to pay them interest on the deposit??
Go to: Connecticut Law About Rental Security Deposits

Also: http://www.jud.ct.gov/lawlib/law/landlord.htm

As for your question... yes, a landlord can deduct late fees and bounced check fees from deposits..... but ONLY if you have properly accounted for them. For example, the rent from the month following a deduction (late or bounced) should be deducted for that cost, reducing the rent paid carrying-over the unpaid rent. The unpaid rent (plus new fees) should then be deducted from the next months rent, and so on until they leave (final accounting). However, in order to collect the full amount in arrears, you should have sent them monthly noticed of the rent shortage. You can't just go back and total up all the things you SHOULD have collected, then deduct it one lump sum.
Your ignorance in the requirements is going to cost you.

I plan to file a notice to quit for unpaid rent so that I won't sacrifice the entire security. Any advice?

Yep.... get a local attorney. Clearly, you are way over your head in this and it is going to cost you money.

 

[treese]

Are late fees and returned checks fees specifically addressed in the lease? If so, they owe them. You can deduct them from the security deposit. You shold have sent written demands for the late fees/returned check fees to be paid as they accrued.

If they dispute the deductions and file a Small Claims case against you for the return of the disputed charges, each side would have to present their case and it all falls into the hands of the judge or magistrate. Housing Small Claims in CT can be a crap shoot at times.

As far as the non-payment for this month, today is the first day that you can legally serve them the Notice To Quit for Non-payment. Start the process. They may pay up if they belive that you are going to start an eviction. If they do not pay up, start the eviction.

Below is a PDF CT Notice To Quit. It can be filled out, saved and printed. Fill it out, print it and then bring it to a State Marshal for service today.
http://www.jud2.ct.gov/webforms/forms/hm007.pdf

Below is a list of State Marshals, you can bring the filled out Notice to Quit to one near you and for about $30.00 they will serve it. The one I use serves the tenant (whether home or not) the same day.
http://www.jud.ct.gov/faq/Marshals/PDF/MarshalList.pdf

 

[psyclesally]

Not only do I not know much about renting but I am naive enough to believe that people are honest and should treat their neighbors as they would themselves.

Yes, the lease includes late fees and yes, I have written a letter every month for the last four months stating that the rent is overdue and they should include the late fee with their check but they never have.

Last month, two months prior to the lease end, I wrote a letter stating that I would not use the security for rent, when the rent was due, and that they owed me the late fee and bounced check fees. They have not paid yet.

I have the paperwork ready to be served after the weekend. The house is listed and I fear retribution.

Being naive is better than being dishonest anyday.

Thank you for your advice.