What are my legal rights? Can I escrow the rent until she pays? Can I pay the condo fees and send her the remaining amount of my rent with the receipt that I paid them?

Response: I would advise sending a letter to the landlord indicating that you are aware that she is not paying the condo fees. Indicate in the letter that she has 30 days to rectify the problem. If she does not do so, then indicate that you will be escrowing your rent with the county’s clerk of courts from that point on. After escrowing the rent for the full amount and in a timely manner each month, you can apply to the court to have a portion of your rent deposit go to the condo fees.

For more information on escrowing rent, please see our article on escrowing rent which also applies to your situation.

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A. It sounds as if your tenants are making an honest mistake. I would avoid charging them the late fee this time. Consider sending out a letter now as well as before the next time the first falls on a holiday to remind them of their duty to pay rent. It’s nice to have the rent paid on time but there’s not much you can do with it until the banks open after the holiday. If you do decide to send out a letter reminding them that rent is due on the first despite the holiday, keep a copy of the letter along with a list of all tenant to whom you sent the letter.

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