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Additional Details
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David Z | Tenant is 2 weeks late on rent for the last few months. Evict? |
I have a relatively new tenant. Out of the 5 months he has been here, 4 of them he paid 2-3 weeks late. What should I do? Should I file an eviction notice and get an attorney? Please help. Thanks!
Additional Details
I have a relatively new tenant. Out of the 5 months he has been here, 4 of them he paid 2-3 weeks late. What should I do? Should I file an eviction notice and get an attorney? Please help. Thanks!
**Edit**
Thanks for those who have replied. There is a clause on the lease that states I can charge a late fee. But I generally do not because if tenants can't pay the rent on time, and if I charge him, then I'll screw him even more. I know times are tough. He told me that he can't make the payments because there are certain circumstances out of his control, like how his payroll is no longer consistant, and instead happen once or month or something. But I too have a mortgage to pay in the beginning of the month, so even if they are good people, this is business. I am still considering consulting an attorney. |
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Abigail
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Do you charge a late fee? Do you have a signed lease spelling out late payments and plans of action for non-payment? From personal experiece, once you are late on rent one month, it's VERY hard to get caught back up. You say they are always 2-3 weeks late; that means that to pay on time, the tennant would have to pay the current month's rent in full, and 7-10 days later pay another month's rent in full. It's such a hard uphill battle. The one way that you might be able to get the tennant back on track is to take the current month's rent (let's just say Jan. if they haven't paid yet) and divide it among the remaining months in the lease. This way, on Feb. 1, they only have a small increase, instead of trying to come up with 2 months rent at a time. Then they will be at a new starting point, with a slightly higher monthly payment. Get everything in writing, and if you're not comfortable with their methods, or you see no end in site, I would research evicting. |
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animal_mother
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First, a cool landlord would speak to him to see what the circumstances may be. Maybe he gets paid bi-weekly or something and is having trouble getting caught up.
Secondly, a penalty ($$$) for not paying on time could be added to his monthly rent. That would motivate him to cough up the cash on time.
If all else fails, you could evict. |
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Craig T
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Do you have late charges on your lease? If not you should, my leases state that rent is due on the 1st and late on the 6th with late charges added as well as due after the 6th. Charge and insist on the late fee, some tenants are just always late and as long they pay the late fee I'll deal with it |
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ms_xian
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You should be entitled to late charges. I'm going to start charging late fees with my tenants this month. |
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Nick E
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What does the contract say, does it call for that?
Times are tough right now, other then that is he a good tenant?
Does it appear that he is making every attempt to pay you? eg. Not buying a new tv before his rent is paid, ect.
Just some things to consider.
Lol i asked more questions then gave answers, but if he seems to be a good tenant and always gets you the money (even though late) and seems to be making every attempt possible to pay. Then I would give him a break, but I would confront him about it, at let him know it cannot continue this way. |
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mr. y
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well did you ask why.he could be going through some hard times.or he is one of those who bounce from apertment to the next.set him a reasonable date to start paying on time and catch up.if he cant then evict him. |
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Jay L
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Had the same problem a couple of years ago. Just do it. I've been burned pretty bad by some tennants, all in all out a couple of grand. Being a landlord is tough, can't have that bleeding heart mentality. You're not responsible for housing the public. You're not running a charity, it's business. It already sounds like you've been pretty patient, seeing as this is now the fifth month, but how much longer are you willing to endure it?
To evict, go down to your local sherriff's department and see what their guidelines are with evictions. If he's late with rent, it probably already violates the lease agreement. You have to fill out a form and give the tennant written notice and post it in a visible place, time given for moving out is based upon the amount of time he's been there. The good news, if he stays past the eviction date you can charge as much for rent as you want... |
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Ferdinand S
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It is very difficult sometimes to be a very understanding human being.
I would have a talk with your tenant in a nice calmly manner and find out his situation. Ask him the reasons why he is always late. Try to find out what type of difficulty he is having and try to offer a suggestion on how you can help. Try to understand his situation and also have him understand your situation and where are you coming from.
You are probably nice enough to let things go by, but he has to realize that this is still a business and I do not think that you want to be mistaken as someone who is nice than being a someone who is getting take advantage off (push over.)
Politely explain to him that you will give him one last chance to pay on time and if he does not, then you have no choice of evicting him. |
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ash.shop
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my tenant was paying late so i put late levy on the rent by 50 $$ a week he started paying on time. |
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Brazeal
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Hi, I am a landlord in the Baltimore area. I hope that you are charging him a late fee. Now you have to remeber that a tenat has rights also, and it isn't that easy to evict someone. Also, it is really going to be a headache and cost alot of money if you go to court because of the court fees and lawyer cost.
Landlords cannot forcibly remove their tenants. In order to evict, a landlord must first bring an "unlawful Detainer" action against the tenant. This is a legal proceeding conducted before a district court. To bring such an action, however, the landlord must show cause (have a legitimate reason). According to state law, legitimate reasons can be nonpayment of rent, or other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy's last day has passed
good luck |
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♥ Mary ♥
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I wouldn't say evict them since you are getting the rent, even if late. I would say that it would be better to send them a letter stating that they have been so late on whatever months and that you will start the eviction process if they are late again. I had a landlord who would give us like $100 off the last payment on the lease if we were not late at all during the rest of the year. |
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lily
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before you get the law involved, you should try speaking to the tenant and let let him/ she know your concerns.. that if such matter continues you;ll have to let him go...a tenant willonly go as far as the landlord lets me... speak like two adults and clear things out.. then, if the problem continues, go ahead tellgive him/her that needs to move out. if to much prblem, the get eviction notice. good luck.. i know how you feel... |
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Johnny
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Have you tried talking to them and telling them how serious it is? Make sure to properly communicate... |
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Sandy Sandals
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This depends on what the lease states. I'm not sure that you CAN evict in this situation if he's in a lease. I would send him a strongly worded letter reminding him and letting him know that has not gone unnoticed. |
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dlfinefrock
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His being late isn't good but at least he is paying.
He hasn't missed any months yet so maybe talk with him and see what the problem is.
This are very hard times for everyone financially. |
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nojam75
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You can't evict based on a history of late payments. However, you can terminate the rental agreement with 30-days notice. If the tenant refuses to vacate after 30-days, then you can pursue eviction. The eviction process can take several weeks or even over a month during which time your disgruntled tenant will have control of your property.
Unfortunately, your tenant is used to your leniency. You need to follow the eviction process for your state and file court papers as soon as possible. Then make him appear in court to pay the rent, late fee, and filing fees or move-out. It's a hassle, but most reputable tenants only have to go through one court hearing before they realize they don't what to exceed the final termination notice day each month. |
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hills_natasha
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i wouldent go that far yet i would talk 2 ur tenant and explain that u expect the rent 2 b paid on time and if thay fail 2 do this agan thay will have 2 leave. we al deserve a second chance 2 prove our selfs |
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cali16
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i honestly would say that you should talk to the person and try to work out something with them . say for instance if they paid already this months rent but not the one's before tell them that you can work out a payment. tell them at least 10-20 bucks a week.... every week. maybe that would motivate them into getting caught up. i don't know. i mean that's what we are trying to do. cause if we evict a tenant,,,, it would be very hard to find another tenant. it's really easy to evict but not to get a tenant. |
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