 Unpaid Rent and Late fees (by Shannon [TN]) Jan 15, 2015 3:05 AM
 Unpaid Rent and Late fees (by Pattyk [MO]) Jan 15, 2015 4:41 AM
Unpaid Rent and Late fees (by S i d [MO]) Jan 15, 2015 4:50 AM
Unpaid Rent and Late fees (by Vee [OH]) Jan 15, 2015 5:20 AM
Unpaid Rent and Late fees (by Vee [OH]) Jan 15, 2015 5:23 AM
Unpaid Rent and Late fees (by WMH [NC]) Jan 15, 2015 6:22 AM
Unpaid Rent and Late fees (by Gruvin [TX]) Jan 15, 2015 7:02 AM
Unpaid Rent and Late fees (by Bit [IN]) Jan 15, 2015 7:41 AM
Unpaid Rent and Late fees (by Janet [KY]) Jan 16, 2015 9:21 PM
Unpaid Rent and Late fees (by Shannon [TN]) Posted on: Jan 15, 2015 3:05 AM
Message:
State Specific Question About: TENNESSEE (TN)
Hello All,
I have a tenant that has been late with rent every month during their 12 month lease. They have paid the rent for every month but some months they did not pay the late fee Rent is due on the 1st, five day grace period then they pay after 2 weeks. Some months they did not pay the late fee.
I know it is my fault for not staying on them for the late fee. I told them I will be deducting the outstanding late fees from their deposit. Which would be around $500.00. Now they have not paid for this month and they are ignoring my calls, emails, texts. They even told me they feel they don't have to pay them.
Since they are due to move out in a month should I try to strike a deal with them and say,"Pay this month's rent and next month's on time and I will waive the outstanding late fees". I figure I can learn from this mistake and move on. They have always paid but I think they have taken advantage of my leniency and are shocked by me wanting the delinquent late fees.
Or should I file for eviction (with one month left on lease) and go through the steps to ensure they are gone in 30 days and try to collect through collections and wage garnishment (which I know is near impossible)?
Any insight would be useful.
thx --72.204.xxx.xxx |
Unpaid Rent and Late fees (by Pattyk [MO]) Posted on: Jan 15, 2015 4:41 AM
Message:
FIRST, i would put in writing a notice of past due amounts. If you did not follow up the outstanding late fees with a notice when they were due I don't know if you can collect those now. It should be a given since it's in your lease but it's harder to hold them accountable now if you didn't back then.
If they have not payed January 2015 rent and it was due on the 1st and late on the 5th then yes I would file for eviction. Rent and Possession. I would not believe their words, just run your business.
Others will come along with more help and insight. --108.119.xxx.xx |
Unpaid Rent and Late fees (by S i d [MO]) Posted on: Jan 15, 2015 4:50 AM
Message:
Shannon,
You've made the mistake many land lord make. Here's how you quickly fix it.
All money received goes to FEES first and RENT last. It's almost impossible to evict for unpaid late fees. It's very easy to evict for unpaid rent.
Also, since they now "feel" they don't owe you any rent (which they clearly do), why do you believe them when they say they are moving out?
Adjust your accounting. Apply the last payment you received toward those $500 late fees and now they are short rent. File eviction today!
No more calls, emails or texts. They know they haven't paid. They are ignoring you on purpose and laughing at your feeble attempts chasing them for the rent. An eviction notice may prompt them to contact you, at which point their option is to pay all money owed (rent, fees, court costs) or leave. --108.250.xxx.xxx |
Unpaid Rent and Late fees (by Vee [OH]) Posted on: Jan 15, 2015 5:20 AM
Message:
Another common mistake is using the deposit before the unit is cleared of all food, furniture and packages. Most areas do not allow using the damage deposit, file for unpaid rent now, adding to what Sid has said when you give a receipt write clearly the old balance and the new shortage, this way a judge can determine you did give them a chance to catch up - if they write rent on the check be sure to add the previous month abbreviation. --75.94.xxx.xxx |
Unpaid Rent and Late fees (by Vee [OH]) Posted on: Jan 15, 2015 5:23 AM
Message:
With my few old balance renters I sent out a letter showing the -new year- balance so you still have a chance to resolve last years shortage and get them onto the old/new balance system if you feel like taking a chance they might payoff the fees/damages/actual rent before the court hearing on the eviction you will file this morning, then add filing fees if they decide to pay off the address account balance in March.. --75.94.xxx.xxx |
Unpaid Rent and Late fees (by WMH [NC]) Posted on: Jan 15, 2015 6:22 AM
Message:
You will not win late fees in court. Tell them pay rent this month and you will WAIVE them. --50.82.xxx.x |
Unpaid Rent and Late fees (by Gruvin [TX]) Posted on: Jan 15, 2015 7:02 AM
Message:
you should have pressed the issue on late rent fees when they occurred... you set up the issue by waiting until now to collect old fees(ever try to get money from anyone right after christmas?!!)
Post a notice waiving all old fees but January 15 rent and late fee. Right under it, post a pay or quit notice in compliance with the state rules. File for eviction the day after the state mandated notice period lapses if no payment and late fee is recieved. --99.126.xx.xxx |
Unpaid Rent and Late fees (by Bit [IN]) Posted on: Jan 15, 2015 7:41 AM
Message:
I agree with what was said above, especially SID and Vee.
Also can add that I got rid of the grace period, if state laws allow it, tenants think that the end of the grace period is when the rent is due. Now it is due on x and late on x+1, late fee's paid first out of rent received. --10.5.xx.xxx |
Unpaid Rent and Late fees (by Janet [KY]) Posted on: Jan 16, 2015 9:21 PM
Message:
When they start telling me "they don't feel..."
that is when I call the attorney and show them
what "I feel".
Show them you mean business file for eviction. --74.236.xxx.xxx |
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