Always Late
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Always Late (by Frustratedin GA [GA]) Nov 25, 2011 9:00 AM
       Always Late (by ctlandlord [CT]) Nov 25, 2011 9:05 AM
       Always Late (by BRAD 20,000 [IN]) Nov 25, 2011 11:57 AM
       Always Late (by Reid [KS]) Nov 25, 2011 3:50 PM
       Always Late (by Virden [OH]) Nov 25, 2011 6:17 PM


Always Late (by Frustratedin GA [GA]) Posted on: Nov 25, 2011 9:00 AM
Message:

State Specific Question About: GEORGIA (GA)

I have a renter that is always late. They had a hardship a year ago and the church was supposed to pay one month for them. That never happened. I told them, but we both just let it slide for the year. Rent is sue on the 15th adn late on the 22nd of each month. They always send the check by the 22nd, but date it for the last day or beginning of the next month. It has always had the late fee included, but it also always a month late since the church never paid. Last month they finally got me a check that was in before the 15th and payable by the 22nd, so they did not put in the late fee. I reminded them of the missing month and they are "working on it"

This month they claimed the check was mailed on the the 17th and should be there and payable b the 22nd..on the 23rd no check, they said they would bring cash to my house on the 25th, they left a check in the mailbox this morning without the late fee included.

They are moving out at the end of the lease in 3 months, we could start eviction, but by the time we got them kicked out they would be moving out anyway. Is it legal for me to bombard them with letters of being late and missing fees, certified letter of course. So that when they move out, I can take them to court for the full amount? With a flat late fee, is there any way I can add interest to the missing month, or if they stop paying altogether? --76.122.xx.xx




Always Late (by ctlandlord [CT]) Posted on: Nov 25, 2011 9:05 AM
Message:

bet if you contact the church , they paid the month direct to tenants and they are using it to move. you must keep the heat on these people from the get go . --152.133.x.x




Always Late (by BRAD 20,000 [IN]) Posted on: Nov 25, 2011 11:57 AM
Message:

First, take the 5 day grace period out of your lease. It only confuses people and the judge has to also allow them the extra days on any action.

Next, time to get real: will this situation DRASTICALLY improve to get them ALL CAUGHT UP in the next few weeks? The honest answer is NO.

Wishing and hoping does not pay the bills. Sincerity does not pay the bills. I'm sorry they had a tough break but you've given them XX months to recover and you cannot carry them any longer.

End of lease date is irrelevant here - rent is unpaid.

They cannot afford the home and this will only get worse with Christmas expenses, holiday/inventory shut downs at work, year end layoffs, (and winter heat?).

LL must stay in control. THEY are in control of your property & this lease and you must regain it or lose much more money.

Start by talking to the church. The Bible is clear - those who do not work should not eat - applied to this situation: those who do not do the work of renting (paying rent) should not eat (stay). It also says that without proper work (paying rent) your bed will be snatched from you.

They are lying to you about that last "Oops lost check/we'll give you cash". If they paid you with a check they would not have the cash.

You seem like a nice person and do not wish them harm. However, they KNOW they are behind and just waiting / hoping you will let them slide like you have been. The whole late + postdated check fiddling is evidence.

NOTHING will happen until you get back on the program and set a firm deadline. Just like kids, nobody cleans their room until Mom gets firm.

Their church and other agencies may not be able to help them until you set a firm eviction deadline.

My local food bank director pleads with us LLs to help people by getting them OUT of houses they cannot afford. Letting them get deeper in debt only hurts them worse as far as getting financial aide.

They have trained you to accept late $ if they sprinkle on some excuses.

I'd have a frank talk with them about how this is not working and they need to be out by next weekend. If not, you'll be forced to file for eviction on Monday morning.

My form is simple:

We agree we owe $____

We agree to vacate by _____.

This forwarding address is authorized to accept mail on my behalf _______(usually a parent's address - you'll need this for court notices after they disappear)

They probably already know that once you file for eviction it will take several weeks to force them out, so at that point I offer cash Cash For Keys. $500 to encourage them to be out by a certain date is cheaper than the rent you are and will lose plus legal expenses.

Also know that most courts will stall eviction by another 30 days if you accept money from them.

Best of luck! --50.129.xxx.xxx




Always Late (by Reid [KS]) Posted on: Nov 25, 2011 3:50 PM
Message:

when they move subtract the "church month " from their SD and be glad they're gone . Better luck next time . --99.103.xxx.xxx




Always Late (by Virden [OH]) Posted on: Nov 25, 2011 6:17 PM
Message:

This approach is one I make with tenants who want to play hardball, send the due bill to catch up on the security deposit with the next rent cycle using cert mail, this time of year is best because they will think it is a xmas package to sign for - and it will be, your xmas package. The amount used to refill security deposit will be deducted from the rent making the next rent short also if not paid in full - this is 60 days and offering to divide the damage/rent due in half and it is served cert mail - this is a win-win in court, win for you. When they ask why they should be caught up is to help them at moveout to get the full deposit back. --99.128.xx.xxx





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