So, here's a new one
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So, here's a new one (by Jo [CT]) Oct 11, 2018 9:34 AM
       So, here's a new one (by Jo [CT]) Oct 11, 2018 9:35 AM
       So, here's a new one (by NE [PA]) Oct 11, 2018 10:22 AM
       So, here's a new one (by Still Learning [NH]) Oct 11, 2018 10:29 AM
       So, here's a new one (by Plenty [MO]) Oct 11, 2018 10:31 AM
       So, here's a new one (by AllyM [NJ]) Oct 11, 2018 10:54 AM
       So, here's a new one (by cjo'h [CT]) Oct 11, 2018 11:10 AM
       So, here's a new one (by S i d [MO]) Oct 11, 2018 11:31 AM
       So, here's a new one (by Jo [CT]) Oct 11, 2018 11:53 AM
       So, here's a new one (by fred [CA]) Oct 11, 2018 12:01 PM
       So, here's a new one (by NE [PA]) Oct 11, 2018 12:20 PM
       So, here's a new one (by S i d [MO]) Oct 11, 2018 12:29 PM
       So, here's a new one (by AllyM [NJ]) Oct 11, 2018 12:43 PM
       So, here's a new one (by Vee [OH]) Oct 11, 2018 1:16 PM
       So, here's a new one (by RentsDue [MA]) Oct 11, 2018 1:19 PM
       So, here's a new one (by Jo [CT]) Oct 11, 2018 1:31 PM
       So, here's a new one (by Robert J [CA]) Oct 11, 2018 1:36 PM
       So, here's a new one (by Laura [MD]) Oct 11, 2018 1:53 PM
       So, here's a new one (by Sisco [MO]) Oct 11, 2018 3:21 PM
       So, here's a new one (by DJ [VA]) Oct 11, 2018 5:07 PM
       So, here's a new one (by cjo'h [CT]) Oct 11, 2018 6:38 PM
       So, here's a new one (by BRAD 20,000 [IN]) Oct 11, 2018 7:17 PM
       So, here's a new one (by Jo [CT]) Oct 11, 2018 9:30 PM
       So, here's a new one (by Nicole [PA]) Oct 12, 2018 5:53 AM
       So, here's a new one (by Still Learning [NH]) Oct 12, 2018 6:12 AM
       So, here's a new one (by bet [MA]) Oct 12, 2018 7:57 AM
       So, here's a new one (by cjo'h [CT]) Oct 12, 2018 9:34 PM
       So, here's a new one (by Jo [CT]) Oct 13, 2018 5:59 AM
       So, here's a new one (by Still Learning [NH]) Oct 13, 2018 6:10 AM
       So, here's a new one (by Jo [CT]) Oct 13, 2018 6:17 AM

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So, here's a new one (by Jo [CT]) Posted on: Oct 11, 2018 9:34 AM
Message:

Just texted tenant stating it's now the 11th and her rent is not paid. Her response "I'll be late, you'll have it before November, I'm just not sure"

I told her that won't work. ...She says "how doesn't that work? I thought if I'm late, I pay an additional late fee, that's what the lease says".

She said that when she read the lease there's a late fee charge, but it never states that there is a specific pay date.

I told her due on the 1st, late on the 11th. She really thought that because there wasn't a specific date, she had until the end of the month, and if she paid the late fee, she would be ok.

There is a specific date! Besides just having due on 1st, late on 11th, I was thinking of adding more specific wording in my lease like "after the 11th, LL may/will proceed with an eviction against tenant. She really thinks that if she pays the late fee and pays by the end of the month, that she is ok.

Do any of you have more specific wording about this in your leases? Sometimes, you have to spell it out more...just your thoughts...

--32.215.xxx.xx




So, here's a new one (by Jo [CT]) Posted on: Oct 11, 2018 9:35 AM
Message:

Oh, just to clarify, she said the lease did not state there was a specific day to pay if you are paying late. --32.215.xxx.xx




So, here's a new one (by NE [PA]) Posted on: Oct 11, 2018 10:22 AM
Message:

Jo, its late at the close of business on the 1st, not the 11th. Your tenant is absolutely late, but I can somewhat understand her confusion. --50.107.xxx.xxx




So, here's a new one (by Still Learning [NH]) Posted on: Oct 11, 2018 10:29 AM
Message:

For me - rent is due on the 1st. If not received by the 3rd, $75 late fee. Iif a rent payment is not received, with the late fee by the 5th day of the month, eviction proceedings will commence. This is in my lease and I go over it verbally at the lease signing. --24.61.xxx.xx




So, here's a new one (by Plenty [MO]) Posted on: Oct 11, 2018 10:31 AM
Message:

So if your lease says that then proceed on Monday with your contact... inforce it. --99.203.xx.xx




So, here's a new one (by AllyM [NJ]) Posted on: Oct 11, 2018 10:54 AM
Message:

I had this happen this month. Tenants grandmother died in a South American country and she had to help with the funeral. They paid yesterday, the tenth, which is the date on which the state allows eviction to start. I had spoken to her and her partner and knew what was happening. They both work and are very smart and good people. So I waited and got the rent in cash. I weigh this against the kind of tenant I have and their behavior and how difficult it would be to get another tenant. So you might want to consider this also. The male goes to work at 7 AM and doesn't get out until 4 or 5. He's an apprentice electrician. If the job runs late he can't get to the bank with his check. So yesterday he went to work late to cash his check and leave the money with the female. Less affluent people have all kinds of issues. My relatives were all well off so when I was a tenant I never had to give them money. --73.178.xxx.xx




So, here's a new one (by cjo'h [CT]) Posted on: Oct 11, 2018 11:10 AM
Message:

NE,,in Connecticut,the State has some wishy washy law that gives everyone a ten day grace period.back in Northern Ireland or Canada,that doesn't happen.............................charlie.... --32.214.xxx.xx




So, here's a new one (by S i d [MO]) Posted on: Oct 11, 2018 11:31 AM
Message:

I'd have to read the actual verbiage of your lease to see if it's confusing or not. Leases need to be CRYSTAL CLEAR. Just like newspapers write for 5th grade reading comprehension level. If your lease says "rent is due on the first, but it is late on the 11th", then I agree that would be confusing. Can you post here for review? --173.20.xxx.xxx




So, here's a new one (by Jo [CT]) Posted on: Oct 11, 2018 11:53 AM
Message:

NE...Charlie is right...CT law allows 10 days...late on the 11th, even though my lease states "due on the 1st"

Sid, here is my wording:

My lease wording.."Tenant shall pay $$ on the first day of each month. If payments are mailed, it is the responsibility of the tenant to make sure the rent gets to_____address by or before the 10th, otherwise a late charge will be incurred.

Late Payments: Tenant shall pay a late fee of $50.00 for each payment that is not paid within 10 days after the due date for such payment...(this would be the 1st.)

Ally...I always try to work with tenants that may come upon an issue, however, I had to contact HER today. I hate chasing people. She SHOULD have contacted me and talked to me about not having the rent. She has always paid in the past. She shouldn't be hiding...this is what sets a precedence for me. If she pays late with a fee, fine, but I told her she needs to communicate with me.

I guess it can be confusing because it seems like if you pay the late fee, you are of the hook...so...I would like some suggestions about possibly adding some clear wording to help address this situation. What's in your leases dealing with this issue? --32.215.xxx.xx




So, here's a new one (by fred [CA]) Posted on: Oct 11, 2018 12:01 PM
Message:

"Do any of you have more specific wording about this in your leases?"

If you don't have a rent due day on your rental agreement - your rental agreement is incomplete. It may not stand in a CT liberal court.

"I told her" won't fly. --99.59.x.xxx




So, here's a new one (by NE [PA]) Posted on: Oct 11, 2018 12:20 PM
Message:

Yes. I see now that state laws play a part in this one. I would have to tailor my lease around it and to my benefit somehow. I certainly wouldn't waste time filing for eviction, that's for sure --174.201.xx.xxx




So, here's a new one (by S i d [MO]) Posted on: Oct 11, 2018 12:29 PM
Message:

I agree there is some confusion. However, I don't think there's enough confusion to warrant her putting you off a month. She's being very liberal with her interpretation.

Here's how my lease is worded for monthly rents.

The RENT is due on the ___________ of each month and time is of the essence. Rent must be received at _______________ or other such address as land lord may designate by 5 pm to be considered on time. There is a $25 late fee due the first day rent is late and $5 per day each day thereafter that the full amount due is not received. Failure to pay RENT on time according to this clause may result in legal action being initiated to terminate the lease.

I have some other stuff about holidays, inclement weather, Sundays, etc. but you get the drift.

I would offer to set her up on a payment plan. Take the total amount due including the late fee and divide by 3. She pays that amount each Monday in Oct on the 15th, the 22nd, and the 29th. If she faithfully pays, no eviction filing. That keeps her from getting too far behind, and if she's seriously interested in doing the right thing, she will make the arrangements. If she's blowing smoke, you're only out 4 more days of rent. There's gotta be a relative, friend, co-worker, charity, bank, etc who can help her.

If not, it raises the question: if none of those people/institutions believe she is trustworthy enough for a loan, why would you be expected to loan her free rent?

"Rent will be paid whenever I get around to it sometime before November" is not acceptable. It tells me she has no plan and is just putting you off. But I'm not a detective and I'm not going to argue. I am going to offer a one-time shot to help her do the right thing, and failure to comply means she goes bye-bye. --173.20.xxx.xxx




So, here's a new one (by AllyM [NJ]) Posted on: Oct 11, 2018 12:43 PM
Message:

Jp. My lease says there is Rent is payable on the first day of the month as follows: then I write in a statement that says "After five days a late fee of $25 is assessed that is payable as additional rent. I use those words so I can collect the late fee if I have to go to court. Court won't pay late fees unless this wording is used. That's all it says so my tenants also have no idea of the real deadline. I am going to add the following. After ten days of lateness, the State of NJ allows the landlord to begin eviction. I think that should do it. It doesn't mean I will. I have four other tenants that have been with me for ten to fifteen years and each one of them has had a problem at one time or another and paid the rent late. I have made so much money from not immediately throwing them out. That's a total of fifty tenant years. Now with a two month vacancy every two years that would be a loss of 50 months of rent and about 30 thousand dollars give or take a few. --73.178.xxx.xx




So, here's a new one (by Vee [OH]) Posted on: Oct 11, 2018 1:16 PM
Message:

It seems late fee gets added on from the 2nd to the 10th, then it is time to file - be sure to follow your state and local tenant rules, something may have changed after you went thru the rules when you opened for business, the court will hold the business person to the highest standards. --76.188.xxx.xx




So, here's a new one (by RentsDue [MA]) Posted on: Oct 11, 2018 1:19 PM
Message:

Interesting. In MA, late fee can't be charged until they are 30 days late. That doesn't mean that is actually an option. --71.10.xxx.xxx




So, here's a new one (by Jo [CT]) Posted on: Oct 11, 2018 1:31 PM
Message:

All good thoughts...thanks. I will definitely clearly state changes in my lease wording so that there is NO mistaking the rules.

--32.215.xxx.xx




So, here's a new one (by Robert J [CA]) Posted on: Oct 11, 2018 1:36 PM
Message:

In my lease's it states rent is due by the first. If received after the 5th of the month, there will be a $25 late fee assessed for the 6th of the month and $5 added for each additional day until a total of 10% of the rent for the late fee. --47.156.xx.xx




So, here's a new one (by Laura [MD]) Posted on: Oct 11, 2018 1:53 PM
Message:

File on her, that she will understand. This conversation will only lead to resentment on her part for you not being understanding.

Filing for eviction for non payment of rent is something she will understand. --108.51.xxx.xxx




So, here's a new one (by Sisco [MO]) Posted on: Oct 11, 2018 3:21 PM
Message:

Change the paradigm. Get ACH set up and tell tenant that you will "take" rent payment on the 1st of each month. --72.172.xxx.xx




So, here's a new one (by DJ [VA]) Posted on: Oct 11, 2018 5:07 PM
Message:

One thing I suggest you add is:

ALL PAYMENTS RECEIVED ARE APPLIED FIRST TO OUTSTANDING BALANCES, IF ANY, AND THEN TO THE CURRENT RENT DUE.

This way, if the total rent and lateen are not paid, it is applied first to the late fee, and she is short on rent = file for possession for non-payment of rent. Much better than trying to file for non-payment of late fee.

Will she really be able to pay TWO months worth of rent on November 1st? Doubtful. I'm afraid she is in a financial pickle & cannot catch up - be prepared by speaking to an experienced eviction attorney in your area, so you know all the right steps to take and when. Or interview a couple attorneys (visit eviction court if you can, and collect some business cards)and decide which one to hire when the time comes.

--68.10.xxx.x




So, here's a new one (by cjo'h [CT]) Posted on: Oct 11, 2018 6:38 PM
Message:

!I was never a stickler on late fees,so consequently never had a problem so far.when they pay they pay.since '57 they've always paid on the first of the month,never had any reason to question them..........charlie...................................................................jo,we always had students pay per semester up front............... --32.214.xxx.xx




So, here's a new one (by BRAD 20,000 [IN]) Posted on: Oct 11, 2018 7:17 PM
Message:

Jo,

Some thoughts:

- Remove the option to mail. All she has to do is TELL the judge she mailed it and it's lost in the mail. Then you WAIT and WAIT for the check that was never mailed. Stay in control.

- Who's in charge here? It's not up to her to say when she gets to pay. My lease state" Management does not accept late or partial payments.

- True, a little vague, the wording you posted has no consequences. Add "Unpaid rent will trigger eviction."

- $50 is too easy. $50 on $800 rent is a cheap loan. Add $5 per day after the $50. (same rate) Mine is $5 per day (the max my judge will allow) and is designed to encourage payment sooner than later.

- Sisco hit it - move into 2018. People EXPECT autodraft and it helps keep them on track. Stop hoping and waiting.

- Sorry, no excuses. Does anyone EVER just tell the truth "I'm broke"? It's ALWAYS a heart wrenching story designed to push the LL's sympathy gland. I'm not a meanie. I just know that EVERYONE has struggles and it's THEIR job to cover those struggles, not mine.

- Growing up happens when someone (the LL) holds them to their agreement. Until then they have no reason to take responsibility.

- Stick with the letter of the lease. "Working with" backfires. It just makes people mad when you finally draw the line. No one can argue when you simply follow the lease. Blame it on the lease. Federal Fair Housing Law requires you treat EVERY person the same so giving one person a break but making another try harder is NOT equality.

Good luck! Your post shows you recognize a problem - the first step to getting better!

BRAD

--68.50.xxx.xxx




So, here's a new one (by Jo [CT]) Posted on: Oct 11, 2018 9:30 PM
Message:

Brad, I don't understand ....you charge late fees, but then say management doesn't accept late or partial payments.

So, if you charge late fees, then you must collect the rent?

Also, late fees are extra money, so what is so bad about that?!

--32.215.xxx.xx




So, here's a new one (by Nicole [PA]) Posted on: Oct 12, 2018 5:53 AM
Message:

all's well and good to set it up to "take" her money ... but she doesn't have it so it can't be "taken"!!

My issue with this, although you are asking about late fees, is that if she pays by the end of October, for October, she is not going to have November at the beginning of November... in other words, how is she going to come up with two months rent? --72.70.xxx.x




So, here's a new one (by Still Learning [NH]) Posted on: Oct 12, 2018 6:12 AM
Message:

Jo, late fees are extra money but also extra headache. Some times a tenant can have an occasional blip and be right back on track. More often then not it is a cycle that doesnít end. By the time they get October paid near the end of the month with late fees, they donít have November. If they canít pay you or are bouncing checks as well, the extra fees, cc interest, etc just puts them farther under water financially. It is expensive to be poor or have poor money management skills. I would rather their problems do not become my problems. I have made the extra $1000 a year from tenants that never paid on time, but I am happier now that they are someone elseís problem. --24.61.xxx.xx




So, here's a new one (by bet [MA]) Posted on: Oct 12, 2018 7:57 AM
Message:

" File on her, that she will understand. This conversation will only lead to resentment on her part for you not being understanding.

Filing for eviction for non payment of rent is something she will understand. -"

I dont talk to them, we just file. due by 1st,. late by the 11 eviction starts on the 12. NO MORE TALKING TO THEM. --74.104.xxx.xxx




So, here's a new one (by cjo'h [CT]) Posted on: Oct 12, 2018 9:34 PM
Message:

If tenants have normally been good,I usually let it go,I don't charge a late fee.if they have a problem with paying their monthly rent,why make it more harder for them..........charlie.......................... --32.214.xxx.xx




So, here's a new one (by Jo [CT]) Posted on: Oct 13, 2018 5:59 AM
Message:

Charlie, I do agree with you as I too have done that for tenant's that will call me and take responsibility for communicating with me.

This girl never communicated with me. She couldn't give me a date that she would have the money..just "before November". Then she texted back and said "next Friday". I'll give her the benefit of the doubt on this one.

I'd rather have her pay late and stay rather than have a vacancy, but we'll see how things go next week. --32.215.xxx.xx




So, here's a new one (by Still Learning [NH]) Posted on: Oct 13, 2018 6:10 AM
Message:

Jo, If you would rather have her stay and want to manage her and get late fees. I never let them stay past the 5th without my beginning the eviction process unless they gave me some of the money and a plan for paying the rest in writing through email before the end of the month. I probably should have put them on a bi-weekly payment plan, but was new to landlording. I did this for years with one group because they came with the building, had no security deposit and were semi-hoarders. I didnít want to do the renovation so I dealt with the late payments and figured I was making an extra $1000 a year for my extra work. Of course, in my case, it all went south when they got bed bugs and wouldnít follow the protocol. Lesson learned, I should have moved them on their way before it cost me a lot more. --24.61.xxx.xx




So, here's a new one (by Jo [CT]) Posted on: Oct 13, 2018 6:17 AM
Message:

Still Learning, I will definitely have to serve her if she fails to pay. It's always a gamble....

She did text and say that if want her out then she would leave, but her confusion was about the lease not haveing a certain day to pay late.

It may just be a one time issue. She realizes the meaning of the pay or quit notice, as I served one of the students that lived in the apartment this summer.

She told me that she told the student that it's best to just leave, as an eviction will ruin your credit.

If she had communicated with me before I had to chase her I would have felt differently. Your advice is excellent though. --32.215.xxx.xx



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