Need help Landlords - Tenants are late on rent...

[FortFunFoSho]

All -

Currently renting my house and I have received the rent for the most part. However one of the tenants has been late the past two months. Fees are in place for rent received late, but is there a way I can go one step further and report to the credit agencies?

Any input would help!

 

[Tuktuk]

Late two months as in they paid and got a late fee tacked on, or just not paid at all? Seems a bit soon to go to credit agencies over this.

 

[Zysoclaplem]

How late?
Is it hurting you financially?
I would just notify them that if they are late x number of times, they will be evicted.

 

[eLiTeGoodGuy]

Originally posted by: Zysoclaplem
How late?
Is it hurting you financially?
I would just notify them that if they are late x number of times, they will be evicted.

I agree

 

[FortFunFoSho]

One tenant is late consistently. She has not paid January rent or the late fees. Nor February or its late fees.

 

[Zysoclaplem]

Like my landlord put it.

"If you are 5 days late without notification, I will enter your apartment, remove all of your belongings, and have them placed by the dumpster. Yes, you could sue me, and you would probably win, but then they would just put a lien on my company/property which would be paid off by other renters."

 

[FortFunFoSho]

Another question, in order to report the late rent, what sort of proof do you need?

 

[Zysoclaplem]

Originally posted by: FortFunFoSho
One tenant is late consistently. She has not paid January rent or the late fees. Nor February or its late fees.

Wow. Takes her to small claims and/or kick her out.

 

[Zysoclaplem]

Originally posted by: FortFunFoSho
Another question, in order to report the late rent, what sort of proof do you need?

The only proof you need is proof she hasn't paid rent to you.
As long as you don't take cash you would be fine. She would have 0 records of paying you unless she claims she paid in cash.

 

[Tuktuk]

Originally posted by: Zysoclaplem
Like my landlord put it.

"If you are 5 days late without notification, I will enter your apartment, remove all of your belongings, and have them placed by the dumpster. Yes, you could sue me, and you would probably win, but then they would just put a lien on my company/property which would be paid off by other renters."

Yea if I heard that I would notify them of my intention to leave, regardless of whether ot not there is time left on the lease. If they try to take me to court I'll bring up the fact that they made it clear they were going to break the law and enter and burgularize my apartment.

 

[FortFunFoSho]

Zysoclaplem -

Never done anything like that. She is 1 of 5 tenants so its not killing me financially. But getting annoying.

 

[Zysoclaplem]

Originally posted by: Tuktuk

Originally posted by: Zysoclaplem
Like my landlord put it.

"If you are 5 days late without notification, I will enter your apartment, remove all of your belongings, and have them placed by the dumpster. Yes, you could sue me, and you would probably win, but then they would just put a lien on my company/property which would be paid off by other renters."

Yea if I heard that I would notify them of my intention to leave, regardless of whether ot not there is time left on the lease. If they try to take me to court I'll bring up the fact that they made it clear they were going to break the law and enter and burgularize my apartment.

He told us before we signed the lease. And I fully understood and fully intend to pay rent on time every month.
But that's without notification. I knew a guy who was a month late. But he notified him on the first that he would pay both that month and the next month on a certain date.
Keeps the trash out of the place.

 

[Zysoclaplem]

Originally posted by: FortFunFoSho
Zysoclaplem -

Never done anything like that. She is 1 of 5 tenants so its not killing me financially. But getting annoying.

Be firm. If you want your money, go to her door personally. Ask for the rent. Notify her that she has until x date to pay at least half of her two months and two late fees or you will have her removed.
It sounds to me like she is getting free room and board on your tab.

 

[AStar617]

Originally posted by: eLiTeGoodGuy

Originally posted by: Zysoclaplem
How late?
Is it hurting you financially?
I would just notify them that if they are late x number of times, they will be evicted.

I agree

(IANAL, but I am a Landlord in MA, be sure to check your local laws)

Not so fast. It really depends on the terms of your lease agreement. If your lease doesn't specifically state that acceptance of past due rent with late fees doesn't constitute a waiver of any right to complain, you may not be able to do anything. Make sure that you have a clause regarding late payments/penalties that clearly designates a late payment as a BREACH, and that the clause states in no uncertain terms that you still reserve the right to act upon that breach at any time regardless of any lenience given. This will prevent tenants from treating your penalty as a defacto grace period/convenience charge.

 

[drnickriviera]

Originally posted by: FortFunFoSho
One tenant is late consistently. She has not paid January rent or the late fees. Nor February or its late fees.

You've already waited too long. Considering you may not get a court date for 30 days, and depending on the judge, they may get 2weeks to a month to move out, you could be into april before these people are out. (FYI Judges go all over the place, some have given 30 days for the people to move out. This last time they gave our tenant 4 days to get out)

You need to print out a Notice to pay or quit. The length of time it states will vary, some state laws say 3 days some 7. After that time is up then you need to file for eviction in court. Bring a copy of the lease agreement and the Notice to pay or quit, the clerks may want those.

 

[Zysoclaplem]

Originally posted by: drnickriviera

Originally posted by: FortFunFoSho
One tenant is late consistently. She has not paid January rent or the late fees. Nor February or its late fees.

You've already waited too long. Considering you may not get a court date for 30 days, and depending on the judge, they may get 2weeks to a month to move out, you could be into april before these people are out. (FYI Judges go all over the place, some have given 30 days for the people to move out. This last time they gave our tenant 4 days to get out)

You need to print out a Notice to pay or quit. The length of time it states will vary, some state laws say 3 days some 7. After that time is up then you need to file for eviction in court. Bring a copy of the lease agreement and the Notice to pay or quit, the clerks may want those.

With something like that, would he ever get his 2 months rent?
Sounds like the law is in favor of the non-paying tenant.

 

[AStar617]

Originally posted by: Zysoclaplem

Sounds like the law is in favor of the non-paying tenant.

9 times out of 10, yes.

 

[drnickriviera]

Originally posted by: Zysoclaplem
With something like that, would he ever get his 2 months rent?
Sounds like the law is in favor of the non-paying tenant.

I usually don't get a dime. You'll get a judgement in your favor, but you'll have to turn it over to a collection agency to get anything.

Most of the time when I give the people the 3 day notice to quit, I give them the options: Move out in 1 week and your debt is void or Don't move out and I take you to court.
Most of the time the threat of court is enough to get them out and I have their security deposit to cover the lost rent.

 

[Red Dawn]

Originally posted by: Zysoclaplem
Like my landlord put it.

"If you are 5 days late without notification, I will enter your apartment, remove all of your belongings, and have them placed by the dumpster. Yes, you could sue me, and you would probably win, but then they would just put a lien on my company/property which would be paid off by other renters."

Your Landlord is a moron. If he entered your APT without your consent and removed your belongings you file charges of theft against him. You could also claim that you are missing money, jewelry,etc and there's no way he could prove he didn't.

 

[Zysoclaplem]

Originally posted by: Red Dawn

Originally posted by: Zysoclaplem
Like my landlord put it.

"If you are 5 days late without notification, I will enter your apartment, remove all of your belongings, and have them placed by the dumpster. Yes, you could sue me, and you would probably win, but then they would just put a lien on my company/property which would be paid off by other renters."

Your Landlord is a moron. If he entered your APT without your consent and removed your belongings you file charges of theft against him. You could also claim that you are missing money, jewelry,etc and there's no way he could prove he didn't.

He could have been talking out of his ass

 

[imported_weadjust]

3 day notice to quit form letter

http://www.angelfire.com/oh/porterentps/3daynotice.htm

Good site for rental form letters, notices, etc.

http://www.angelfire.com/oh/porterentps/formcorner.html

 

[rikadik]

Originally posted by: Zysoclaplem
Like my landlord put it.

"If you are 5 days late without notification, I will enter your apartment, remove all of your belongings, and have them placed by the dumpster. Yes, you could sue me, and you would probably win, but then they would just put a lien on my company/property which would be paid off by other renters."

I don't know about in the US, but in the UK if he did that he would be committing a criminal offence, so a lien would be the least of his worries.

 

[b0mbrman]

Originally posted by: Zysoclaplem
How late?
Is it hurting you financially?
I would just notify them that if they are late x number of times, they will be evicted.

...if such a clause was in the contract

 

[ebaycj]

Originally posted by: FortFunFoSho
One tenant is late consistently. She has not paid January rent or the late fees. Nor February or its late fees.

Make her write checks in advance for the rent.

i.e. (assuming a 12 month contract) at the beginning of the year make her write 12 rent checks, each dated at the first of every month. Put in the agreement that one check will be cashed on the first of each month.

It is then his/her responsibility to make sure that his/her bank account has the $$ to cover the check.

More likely than not, even if there are non-sufficient funds in the account, his/her bank will "cover" the amount of the check (so you still get paid), and will then charge him/her an overdraft fee. MAKE SURE there is a clause in your contract saying that any bounced/returned/NSF checks will be subject to a $100 surcharge (or whatever the maximum allowed by law is in your area).