35 days ago, I gave rent increases to 2 of my tenants who I consider PITA's. Each got a $25.00 increase and their effective date is May 1st. At this writing, I am wondering if either one will pay their normal rent with the increase added.

If they do,...fine,...life goes on.

I can and have started evictions on folks for owing me less than $50. That being said, there are situations where a little leniency and grace, properly applied, can be a better resolution. This is one of them.

As a practical matter, I'd send a one time courtesy reminder. "Hey Joe (cue Jimi Hendrix), a friendly reminder that the rent is now $X + $25. If you get that in by tomorrow at 5 PM, I won't charge a late fee this time."

Handle this the same way you would with any partial rent payment.

Sid,

There is a reason I posted this question 1 week before May 1st instead of 1 week AFTER May 1st.

Both tenants have been with me for a min. of 2 years. Both are chronic late payers and they stiff me on late fees,...these 2 things make them PITA's. When you don't pay my late fees,...you will get a rent increase,..period.

Ken (NY)

3 months ago, I filed for Eviction on one of these tenants.

About the time I was getting my Writ of Possession, this tenant calls me and pleads (begging) with me to stop the eviction. He agreed to pay back rent, current rent and ALL court cost ($2,000.00) and I gave him a lucky break and stopped the eviction at the last minute. In hindsight, I should not have done this, but it is what it is. Live and learn.

"It is what it is".

Now there's a Unique Round Table Answer to everything.

They didn't stiff you on late fees. The late fees were the next monies you received. They didn't pay all of their rent those months.

Roy my policy for all of my tenants (Class A,B & C properties) is that rent is due in full on or before the 1st of the month. Any monies not received in full by either the 1st Friday of the month or the 5th of the month whichever is later results in the issuing of a 14 day notice to quit for nonpayment of rent as well as a $25.00 paper work fee & possibly sheriff / constable fees. In MA this is the first step in filing to evict for nonpayment.

I use the 1st Friday or 5th of the month to allow my check to check living tenants a little leeway in trying to pay me. I've found that although this system isn't ideal, it works for me & my clientele.

With good tenants, I'd be cordial like Sid mentions. However, with PITA tenants I'd lay down the law. If they don't pay the increase, send them a pay or quit notice the day you receive payment. After the notice expires, evict. It's cheaper to do it now over a few dollars than in the future over a full month's rent (since you've already had to file on them in the past).

I would be embarrassed to admit how many P/Q notices I have posted on their doors in the last 2 years. If I don't post a notice, they take their time in paying. When I do post a 7-day P/Q, they always pay on the final 7th day,..which voids out the P/Q notice. This situation has been going on too long.

Roy,

To be clear: YES, I absolutely would boot them out if they don't pay as expected. This includes late fees, rent increases, damage bills, pet fees....money is money. We talked about that last week.

Here's a hypothetical (I know you like them!): What if you are set to sign a new lease with a new tenant for $600 a month. When they show up to sign the lease and pay move-in, they hand you $500. Would you be okay with that? How is shorting you $100 rent in the first month any different than shorting you late fees, rent increase, or damage bills after move in? Money is money. I am assuming you would tell your newly approved tenant to go get another $100. Same deal with rent increases, late fees, etc. You can be cordial about it, but firm and fair is the policy.

They agreed to allow you to do rent increases after the initial period expired when they signed the lease, and they agreed to either pay the increase or move if they didn't want to pay more. You never agreed that they get to ignore you and keep living there. So the only way they can ignore you is if you allow them to.

Btw, you may recall my system of accounting. Money received is applied to fees, bills, and charges first and rent last. So any time I receive any money, my tenants always pay their late fees. They don't always pay their rent...which is what gets them evicted. Money is money.

I hope that helps. Maybe if there are more scenarios we can hash this out at a Convention table over a tall, frosty Coors?

.

Sid,

I'm not sure what good my lease will do if your judge ignores leases, but I'll try to remember to bring a copy.

Yes, getting a cooperative person is imperative and is more important than having a "bullet proof" lease. One of our founding fathers (John Adams?) made a similar comment about the Constitution. "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other."

RathdrumGal,

Steve,

The only thing these tenants have in common is they are both single males who can't manage money. They have all of the macho toys men love,..shiny new cars and motorcycles. What is unusual here, is they both 'use to be' good tenants in their first year. Then due a job change (less income), things started going downhill in their 2nd year. These are not room mates, they are 2 separate tenants.

Sid,

Roy,

You said, "A lease is only good IF you have a tenant who is willing to abide by the terms of it."

It is also true that, A lease is only good IF you have a Landlord who is willing to abide by the terms of it.(enforce it)

It sounds like you are working to improve your practices - good for you! You may try communicating something like: I know I have let you slide in the past - paying late and not paying late fees. I made a mistake in not fully enforcing the agreement between us. This old practice is ending now, and strict adherence will be required going forward.

Then commit yourself to ZERO TOLERANCE for their bad payment habits. Either they will shape right up, or they will "choose" to have you evict them. Tell them it's completely up to them which way they want it to go.

Roy,

You said, "A lease is only good IF you have a tenant who is willing to abide by the terms of it."

It is also true that, A lease is only good IF you have a Landlord who is willing to abide by the terms of it.(enforce it)

It sounds like you are working to improve your practices - good for you! You may try communicating something like: I know I have let you slide in the past - paying late and not paying late fees. I made a mistake in not fully enforcing the agreement between us. This old practice is ending now, and strict adherence will be required going forward.

Then commit yourself to ZERO TOLERANCE for their bad payment habits. Either they will shape right up, or they will "choose" to have you evict them. Tell them it's completely up to them which way they want it to go.

Roy,

You said, "A lease is only good IF you have a tenant who is willing to abide by the terms of it."

It is also true that, A lease is only good IF you have a Landlord who is willing to abide by the terms of it.(enforce it)

It sounds like you are working to improve your practices - good for you! You may try communicating something like: I know I have let you slide in the past - paying late and not paying late fees. I made a mistake in not fully enforcing the agreement between us. This old practice is ending now, and strict adherence will be required going forward.

Then commit yourself to ZERO TOLERANCE for their bad payment habits. Either they will shape right up, or they will "choose" to have you evict them. Tell them it's completely up to them which way they want it to go.

Roy,

You said, "A lease is only good IF you have a tenant who is willing to abide by the terms of it."

It is also true that, A lease is only good IF you have a Landlord who is willing to abide by the terms of it.(enforce it)

It sounds like you are working to improve your practices - good for you! You may try communicating something like: I know I have let you slide in the past - paying late and not paying late fees. I made a mistake in not fully enforcing the agreement between us. This old practice is ending now, and strict adherence will be required going forward.

Then commit yourself to ZERO TOLERANCE for their bad payment habits. Either they will shape right up, or they will "choose" to have you evict them. Tell them it's completely up to them which way they want it to go.

Roy,

You said, "A lease is only good IF you have a tenant who is willing to abide by the terms of it."

It is also true that, A lease is only good IF you have a Landlord who is willing to abide by the terms of it.(enforce it)

It sounds like you are working to improve your practices - good for you! You may try communicating something like: I know I have let you slide in the past - paying late and not paying late fees. I made a mistake in not fully enforcing the agreement between us. This old practice is ending now, and strict adherence will be required going forward.

Then commit yourself to ZERO TOLERANCE for their bad payment habits. Either they will shape right up, or they will "choose" to have you evict them. Tell them it's completely up to them which way they want it to go.

DJ,

I try my best to run a 'tight ship'. Sometimes this is easier said than done. I may not enforce every line item in my lease but I do enforce the payment of rent with an Iron Fist. All of my tenants know that I will evict them if they don't pay rent. Most of my tenants pay rent between the 1st and the 7th day of each month. The two tenants of this post will usually pay by the 15th or I will drop the hammer on them. And they know this. 3 months ago, I filed for eviction and it scared the holy $hit out of him.

Oops! Oops! Oops! Oops! Don't know what happened there! : )