Accept Partial Rent? (by Roy [AL]) Apr 21, 2012 1:23 PM|
Accept Partial Rent? (by Moshe [CA]) Apr 21, 2012 1:53 PM
Accept Partial Rent? (by Roy [AL]) Apr 21, 2012 2:37 PM
Accept Partial Rent? (by Kyle [IN]) Apr 21, 2012 3:10 PM
Accept Partial Rent? (by Mike [NY]) Apr 21, 2012 3:42 PM
Accept Partial Rent? (by NE [PA]) Apr 21, 2012 4:36 PM
Accept Partial Rent? (by Keith [AL]) Apr 21, 2012 5:22 PM
Accept Partial Rent? (by Virden [OH]) Apr 21, 2012 5:30 PM
Accept Partial Rent? (by Moshe [CA]) Apr 21, 2012 5:40 PM
Accept Partial Rent? (by Roy [AL]) Apr 21, 2012 6:22 PM
Accept Partial Rent? (by TxMike [TX]) Apr 21, 2012 6:52 PM
Accept Partial Rent? (by Sue [IL]) Apr 21, 2012 7:00 PM
Accept Partial Rent? (by Moshe [CA]) Apr 21, 2012 8:26 PM
Accept Partial Rent? (by brewcityb1 [WI]) Apr 21, 2012 10:01 PM
Accept Partial Rent? (by BRAD 20,000 [IN]) Apr 21, 2012 10:17 PM
Accept Partial Rent? (by Roy [AL]) Apr 22, 2012 3:09 AM
Accept Partial Rent? (by Steve [MA]) Apr 22, 2012 5:28 AM
Accept Partial Rent? (by Virden [OH]) Apr 22, 2012 6:04 AM
Accept Partial Rent? (by Roy [AL]) Apr 22, 2012 6:06 AM
Accept Partial Rent? (by Brett [OH]) Apr 22, 2012 6:28 AM
Accept Partial Rent? (by Jeff [CO]) Apr 22, 2012 8:04 AM
Accept Partial Rent? (by Tom [FL]) Apr 22, 2012 8:44 AM
Accept Partial Rent? (by Tom [FL]) Apr 22, 2012 9:05 AM
Accept Partial Rent? (by Steve [MA]) Apr 22, 2012 9:26 AM
Accept Partial Rent? (by Janet [KY]) Apr 22, 2012 6:19 PM
Accept Partial Rent? (by Chris [CA]) Apr 22, 2012 9:31 PM
Accept Partial Rent? (by Moshe [CA]) Apr 23, 2012 10:18 AM
Accept Partial Rent? (by BRAD 20,000 [IN]) Apr 25, 2012 10:23 AM
Accept Partial Rent? (by Dave [GA]) Apr 27, 2012 5:38 AM
Accept Partial Rent? (by Roy [AL]) Posted on: Apr 21, 2012 1:23 PM
I have tenant whose monthly rent is $500.00. This month I did not receive this payment, so I posted the 7 day Pay or Quit notice on the door which said she owed $500.00 rent plus $70.00 in late fees. The end of 7-day period was yesterday (Friday) and I was planning on filing for eviction first thing Monday morning. In today's mail, I receive 2 money orders from this 3 month tenant. One MO is for the amount of $250.00 and the 2nd MO is for the amount of $160.00. Both MO's total $410.00 which to me does not cut the mustard.
If I deposit these checks, can I still file for eviction for non-payment of rent? Should I hold the checks (uncashed) in case I have to go before a judge? I really want this PITA tenant out,..so how do I proceed here with a partial payment of rent? --69.244.x.xxx
Accept Partial Rent? (by Moshe [CA]) Posted on: Apr 21, 2012 1:53 PM
Cash the partial payment checks. It does not prevent you for filing for eviction. But it does invalidate you 7-day notice to Pay Rent or Quit.
You will have to serve a new 7-day Notice to Pay Rent or Quit showing the new & correct amounts of rent that are due. I do not know anything about AL, but generally, the notice must show RENT ONLY and not late fees.
Accept Partial Rent? (by Roy [AL]) Posted on: Apr 21, 2012 2:37 PM
This is a chronic late paying tenant. In 3 months of tenancy, this is the 3rd Pay or Quit notice I have posted. She tends to pay rent on the last day of the P&Q notice and has paid the full rent and late fees in the past. This time she shorted me on both rent and no late fees. If I cash her checks, it may send her a message this behavior is acceptable.
I will call my attorney on Monday before I head down to the county courthouse.
Accept Partial Rent? (by Kyle [IN]) Posted on: Apr 21, 2012 3:10 PM
In Indiana, my attorney has advised that anytime a tenant becomes current, including the acceptance of a payment plan, I must issue a new pay or quit. I am not sure, but I would think cashing the money orders could be considered accepting a payment plan. If it were me, I would confirm this with my attorney and then, assuming I am correct, cash the money orders and post a new notice. $410 is more than 7 days rent. --71.194.xxx.xxx
Accept Partial Rent? (by Mike [NY]) Posted on: Apr 21, 2012 3:42 PM
Both my lease and my MTM agreement state that monies paid will be first applied to unpaid fees and charges, then rent arrears, and lastly current rent. That way if they make a partial payment, I apply the payment to all of the fees first, and just post a new pay or quit notice showing the rent balance owed. It's the same number of dollars in the end, but that way I end up with a pay or quit that shows only the rent due after applying the partial payment. --70.100.xx.xxx
Accept Partial Rent? (by NE [PA]) Posted on: Apr 21, 2012 4:36 PM
I agree with Mike-NY. Apply to fees first. I would cash the checks and repost also. It a bird in the hand, bird in the bush thing. Keep up the pressure.
I've had tenants pay the day before court with late fees.
Maybe she is a tenant that flies by the seat of her pants in life.
Could you possibly work her into a weekly payment plan?
Clear Now does weekly debits of tenants accounts if the tenants will go for it.
Let her know that you understand she is an EXTREMELY BUSY person.
Tell her for HER convenience you can autodraft each week to save her time and headaches.
I'm in the process of switching over tenants that will bite the baited hook on this autodraft of rent payments. --216.37.xxx.xx
Accept Partial Rent? (by Keith [AL]) Posted on: Apr 21, 2012 5:22 PM
All i can say is -PLEASE let me know what you find out! I guarantee you I will be in the same boat one day. I did read somewhere that you could send them a letter telling them they have violated the terms of your lease agreement & then give them a release from their contract & tell them if they are out in XX # of days that you would not "officially" evict them. But, you may have already tried that. --98.89.xx.xxx
Accept Partial Rent? (by Virden [OH]) Posted on: Apr 21, 2012 5:30 PM
This may have some discussion in state law however the burden is carrying it into your local court, I have one suburb that does not matter about partial rent - case goes thru and tenant is requested to pay here and now or the eviction stands as filed and the missing amount is the starting base for the 2nd cause - my Big City taking a partial stops the eviction however if you hold the money orders to show in court (used to put into escrow until 2 years ago) the case will go forward and he doesn't make reference to short rent (very unfair, so we fee the heck out of tenants with pets and parking spaces), with photos of damages your case gets good reviews and awards. --68.76.xxx.xxx
Accept Partial Rent? (by Moshe [CA]) Posted on: Apr 21, 2012 5:40 PM
If you cash her partial payment checks, followed by a new Pay Rent or Quit notice for the remaining rent, what message will it send her about acceptable behavior?
Accept Partial Rent? (by Roy [AL]) Posted on: Apr 21, 2012 6:22 PM
3 months ago, I made mistake in renting to this lady. Since day one, I have tried to train this tenant but this lady just has too much drama in her life for me to deal with. I admit it, I screwed up here and I am looking for a way get her out as soon as possible.
I could issue a 30 day notice to Terminate Tenancy but that would not force her to move out. This tenant will have to be forced out by the sheriff and the only way that happens is when eviction papers have been filed.
Accept Partial Rent? (by TxMike [TX]) Posted on: Apr 21, 2012 6:52 PM
Why not just accept the part rent, serve a new notice and stArt over. I would enjoy this tenant with all the late fees. When her lease is up, add a clause that charges $25 for every 3 day you serve, plus the late fees. Sounds to me like a cash cow --96.226.xx.xx
Accept Partial Rent? (by Sue [IL]) Posted on: Apr 21, 2012 7:00 PM
Roy, I believe you know your state laws, but just a word of advice to some new LLs who may be reading this; it is not legal in every state to apply payments toward past late fees first, before applying toward rent. --75.4.xxx.xxx
Accept Partial Rent? (by Moshe [CA]) Posted on: Apr 21, 2012 8:26 PM
Suppose the judge asks the tenant, "Did you pay the rent", and she replies, "Yes, your honor, here is my cancelled check".
What will you say about your action of applying payments toward late fees first, and only whatever remains going toward rent?
Do you have a reference to give to the judge to justify your actions?
Accept Partial Rent? (by brewcityb1 [WI]) Posted on: Apr 21, 2012 10:01 PM
Sue is right, not all states allow this fee first approach to receiving payments and some specifically state that it is a violation of the landlord tenant law to impose such a policy. The late fees and other fees can however be applied to the security deposit. --184.58.xxx.xxx
Accept Partial Rent? (by BRAD 20,000 [IN]) Posted on: Apr 21, 2012 10:17 PM
Roy, I'm in this for FREEDOM!!!.
Take the money. Bird in hand thing.
I don't care about sending messages. It is what it is and she's not listening to any "messages".
This is normal behavior so don't let it get under your skin.
I'd deposit the MOs and send a fresh notice. I'd rather have $410 now than HOPE she'll pay after court. At this point she's theoretically only $90 behind. No biggie. Go fishing.
My $5/day late fee continues until fully caught up so the bill is growing in MY favor.
I do like the suggestions about weekly payments.
Gotta know YOUR judge. Mine will not HEAR the case until 30 days have passed since the last accepted payment.
Accept Partial Rent? (by Roy [AL]) Posted on: Apr 22, 2012 3:09 AM
You all don't seem to understand what I am talking about. I don't care about the rent money,...what I really want is for her to move out as soon as possible.
In addition to Pay or Quit notices, I have to post additional notices just to get her to mow her lawn, pick-up trash in her yard, and not to park on the front lawn. She has moved in additional occupants not on the lease and when confronted about this she says 'they are just visting'. Her worse trait,..she is a habitual liar. She lies so much that I would not believe her if she said "Good morning".
So, can you all now understand my situation? Again what is the quickest way (legally) to get this tenant out of my house?
Accept Partial Rent? (by Steve [MA]) Posted on: Apr 22, 2012 5:28 AM
Happy clause along with possible cash for keys.
I had a single Mom with several kids move into a unit in a 4 family last October. I have never in my LLing career have such a PITA tenant, never anything big, just constant phone calls about nothing that is my responsibility. Things like the neighbors park in her spot (this is on a public street), tenant above her noisy, etc. I had a face to face & told her that it's obvious to me that she is not happy here & I want all of my tenants to be happy. Actually & more importantly, I want to be happy. So I let her know that I would be willing to let her out of her lease & not go after the 1 1/2 months early termination fee provided she was gone by May 15 & left her unit clean. --151.203.xxx.xx
Accept Partial Rent? (by Virden [OH]) Posted on: Apr 22, 2012 6:04 AM
The quickest way out is removing the doors and heater, tell her you need to take it in the shop for repairs (may be harder with the doors unless one squeeks), turn off any utility you pay for and pray she can find a place -
-- OK enough of that, tell her she has stretched your place way outa shape and give notice of lawn damages - extra people - noise disturbing others with the amounts owed, these will be added using an addendum to the rental agreement and when this can not be paid, offer to help her move, yes use your truck or trailer to take the heavy stuff and transport it closer to a friend or family who is always over there, or simply hold your breath while the court goes to work and forces her out as you already said is prolly the only way she will tear away the umbilical cord from your mailbox. --68.76.xxx.xxx
Accept Partial Rent? (by Roy [AL]) Posted on: Apr 22, 2012 6:06 AM
This morning I have been reading the 10th Edition of the book Landlording by Leigh Robinson. This book is usually the first place I turn to when I need advice from a higher authority. (Sorry Jeffrey).
Chapter 9 of this book is called "Dealing with Problem Tenants" and on page 195 the author has a sub-heading called 'Accepting Rent' and this explains how I need to deal with the partial rent payment.
According to author Leigh Robinson, the next thing I need to do is go file for Eviction and not to accept partial rent. Accepting partial rent would create a situation where I would have to start all over with a new Pay or Quit notice which is just a waste of time.
Accept Partial Rent? (by Brett [OH]) Posted on: Apr 22, 2012 6:28 AM
Friend of mine escrowed the partial payment with the court. Proceeded to evict and the judge gave him the writ and the money. I will try it sometime but as Brad said, I think the judges discretion comes into play.
But, if you want here out for sure and don't care about the money, hand it back and simply evit. --174.100.xx.xxx
Accept Partial Rent? (by Jeff [CO]) Posted on: Apr 22, 2012 8:04 AM
Why did you wait so long? --174.29.xxx.xxx
Accept Partial Rent? (by Tom [FL]) Posted on: Apr 22, 2012 8:44 AM
You have two choices #1 you deal with baby sitting this tenant. Accept the partial rent and continued posting notices and problem calls.
#2 you post a notice front & back door that lists the lease clauses she has broken. Damage to front lawn, noise factor, parking factor, full rent not paid, etc on your notice to vacate. Add to the notice since she is always complaining about something then you will give back her partial rent in exchange for a clean vacant unit(no debri on the floors) no damages and the keys in 3 or 5 days. Let the suction 8 office deal with her breaking the lease. Go post the notice today. Since you don't want to deal with suction 8 in the future then make repairs to the unit and get it ready for the next NON-Suction 8 tenant. Do the itemized deductions from the security deposit. Any damage costs beyond that she created don't bother/waste your time trying to get it from her. NEXT!!! --99.56.xx.xxx
Accept Partial Rent? (by Tom [FL]) Posted on: Apr 22, 2012 9:05 AM
When you post the damages notice, put in fair repair costs:
Repair lawn: $10,000. I mean $100.
Breach of lease more than 5 tenants. This has been the 3rd (???) breach
Mow Lawn: $200 I mean $20
Plus any interior damages you know of list them along with costs. Must be fair market costs.
Are you aware of any non paid water or garbage costs that are lienable to your unit that tenant is not paying, list it.
List every item and if you can put a fair market repair cost to it and list it.
List back rent and total amount due.
Put a copy of her partial payment check with the posted notice. IF she is out in 3-5 days, unit is clean no debri on floor and no wall damages then you will receive this back.
I have 30 days to return your security deposit less any damages. you must supply me with a forwarding address. THIS IS A STATE LAW.
All keys must be returned to me with in 3-5 days. You and I will do a walk thru and inspect the unit once you vacated it.
Then the next time as a Landlord do YOUR homework on your prospective tenant. You saw green first instead of doing your back ground and credit check, calling the suction 8 office to check on this lady before signing a lease with her, call her present and previous landlord AND driving by her house that she was living at before she moved to your unit. IF you did not do it then you deserved to get burned. IF you want a warm and fuzzy feeling go buy a teddy bear. Otherwise do your job as a Landlord. --99.56.xx.xxx
Accept Partial Rent? (by Steve [MA]) Posted on: Apr 22, 2012 9:26 AM
As unbelievable as it may sound MA (aka the state with super pro tenant laws) allows us to accept partial rent without penalty even after a non-payment eviction has started. All we need to do is issue the tenant a receipt stating that this payment is being accepted for use & occupancy only. We use to be able to just endorse their check with this but now we have to issue an actual receipt stating it. --151.203.xxx.xx
Accept Partial Rent? (by Janet [KY]) Posted on: Apr 22, 2012 6:19 PM
You might want to consult an attorney.
My attorney told me to never cash the
partial payment check or this is considered
accepting that amount for the amound owe
and you may not get anything else. --74.236.xxx.xxx
Accept Partial Rent? (by Chris [CA]) Posted on: Apr 22, 2012 9:31 PM
How about cashing the check and waiting 10 more days. (When is rent late in AL? In CA a LL has to wait till the 5th is over). If she doesn't pay ALL the rent, evict. No communication, no more partial payments. --125.25.xx.xx
Accept Partial Rent? (by Moshe [CA]) Posted on: Apr 23, 2012 10:18 AM
"In CA a LL has to wait till the 5th is over" ?
Accept Partial Rent? (by BRAD 20,000 [IN]) Posted on: Apr 25, 2012 10:23 AM
Roy - Now I hear ya! check your laws, but in my state, we can end the lease with a 30 day notice to the resident. No reason needed.
"This letter is to notify you your lease will end May 31." --50.129.xxx.xxx
Accept Partial Rent? (by Dave [GA]) Posted on: Apr 27, 2012 5:38 AM
The last two by Lisa and Brad are spot on. Whatever your lease says about ending the tenancy...In GA it's a 60 day notice. Check AL LL/tenant laws. EG you don't need a reason if you give legal notice. --99.16.xxx.xxx