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banzukifan | What to do when tenant persistently late in paying rent? |
My tenant is always late in paying their rent. My agent has warned them that action will be taken against them if they continue to pay late. Now I am considering charging a late fee but not sure what I can charge them?
Thanks in advance
Additional Details
The tenancy agreement does not have a late fee clause written into which I should ought to include in future. We have sent the tenant a standing order form to complete before but they never did fill it in. So they have had a few chances to get themselves organised. |
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superbeagle
 |
This is often a problem for landlords.
If you have no penalty/ late fee clause in the lease, you can't charge such a fee.
It is not usual in UK to have a penalty fee as such. Your lease should provide for penalty interest to be payable on the late rent.
You should also have a one month 'buffer' of a deposit. Anyway, if they can't afford to pay rent, what chance do you have of getting the penalty amount anyway?
You have to focus on what is important - the outstanding rental money you can ignore on basis that it isn't likely to be cost effective to get it back. You need to recover possession of your property so you can start renting it out to someone who can pay.
Do not (contrary to what one of the answers here says) take steps to remove windows/ disrupt utilities to the house. This a criminal offence in both Scotland and England (different legal systems).
Your only option is to commence proceedings for removal of the tenant. Speak to a solicitor about this. This is money well spent - try to do this yourself and there is a good chance you will use wrong forms etc.
Yes, it is unfortunate that the tenants can't pay, but neither is it fair on you not to be getting your income either.
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Aslan
 |
we had the same thing with one of our 4 tenants in a house share situation
we put the rent up and told them that it was to pay for the bank fees due to the persistently late rent
they were good to the house so i felt that evicting one person out of the 4 would be a bit harsh
however if they are late and are wrecking the joint you can evict after giving notice |
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cnored9528
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What does the lease say that they signed on what you can do? Also, you may have the legal right to send them a certified letter stating that they have so much time to pay up or be moved out. In Texas, where I live, a lease signed usually states that any non essential items can be kept for any unpaid rent and also be forced to move out for continual late rent. |
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richard+1st
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Friend who has "rent houses" told me that he waits a couple of days,then goes to the county courthouse then files an eviction notice that way they can only get 1 month free rent. Then he can get new tenant's
best of luck... |
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exputkimies
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if it is int he contract to charge late fees it is not a problem. if it is not in the contract then give them written notice that you will charge a late fee in the future, then do it. if they dont pay, kick them out. we been in the rental business for pushing 25 years, it is YOUR property, dont put up with it |
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Classy Granny
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In the US unless the lease states a late fee you can't charge it now. You could file a 30 day eviction. |
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Miley
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What does the lease that the tenant signed? If late fees are en-numerated in the lease start charging the fee...if it is not send a certified letter to your tenant that you will begin charging a late fee effective on a certain date. My lease in Kansas says that a late fee will be charged on the 5th of the month (rent is due on the first).
hope it helps...if not you might want to talk to a management company to get some advice on how to handle the situation. |
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Loving Wife
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Most leases are written in fashion to help the landlord with collections. The lease states that rent is due on the first. What ever county you live in it could be 5 DAYS TILL LATE OR 10 DAYS. That doesn't mean you can not file on them. I would do the following:
1, Send them a letter explaining that their late payments will not be tolerated and that they signed a lease agreeing to pay on the first. Let them know by the first of ___________ month if rent is not received you will proceed with legal action. Then explain to them that after the 5th day you will charge an additional 5% of the rent totaling$_____________ as well as court cost of $35.00.
2. The morning of the 2nd go file against your resident this will send a loud and clear message that you will not accept their payment practice.
3. Keep good records and copies of all correspondence you will need it for court.
Most late fees in most states are 5% of the rent. Most states law is that you can charge up to $35.00 for the court cost.
You can file on the second but you can not incur late fees till after the 5th or the 10th check your county.
Good Luck to you. |
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schwildcat1977
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You don't say what state you are in so we really cannot answer this properly. Each state has their own set of laws.
You should have started charging a late fee the first time they were late. In some states you can evict them for always being late.
You need to look up your states landlord/ tenant law. |
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Clark Kent
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My lease agreement specifies that if the tenant is three days late, there is a 5% penalty |
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lolly
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The late fee rates should be in the lease. What kind of lease has no mention of late fees and their rate? Don't renew them and next time, put it in writing. |
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MaxVanHessen
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Make sure you check your local state laws. Consult a real estate attorney. If you mess up, this tenant could end up suing you for harassment, regardless of whether they pay on time. At this point, the ball is in your court. DO NOT HANDLE THIS Yourself. |
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i say that man there
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ask them would they prfer to pay by direct debit instead when thier pay goes into thier bank and then straight into yours on the same day or day after giving them no time to access it or spend it |
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kate
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You can't charge a late fee... Why do you want more money than is due to you? If you have a problem with them being late start the eviction process and find new tenants.
x |
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Alijah
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i don't have a tenant....but if i did i would throw them out!!! |
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STEVEN O
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take all the windows out carfully and refit them when they pay |
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Buddha
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You should have a heart. You are obviously in a fortunate position; perhaps they are not. |
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