Bear with me friends,

I have a tenant who moved in about 4 years ago, she is older, like 80, still in good shape. Her husband recently had a stroke, like 6 months ago and has been in rehab. Since then, a couple times she has been late. (Her rent check this month is arriving today) I have not charged her the late fee. She has been a great tenant and she is a great human being. I have begged her to send me multiple post dated checks at a time, but she has not.

Thanks Homer

In this case I wouldn’t charge her either.

I would charge. It has been a re-occuring issue. You gave a solution to the issue and it was rejected.

Based on your post, it does not sound like she is unable to pay, but she has not been willing to take the right steps to ensure she is on time. A modest late fee should send the message that this is not acceptable.

Life happens. We prepare for it and deal with it.

What could solve her problem? Checks...auto-draft..debit/credit card on file with signed charge authorization, etc.

Another thought...do you have emergency contacts for these folks? I certain "get" wanting to be helpful, especially with elderly folks, and one you can do is be proactive and ensure you have at least 4 emergency contacts that are NOT on each other's list so that when stuff happens, you know whom to call.

It would be sad to evict an elderly couple because one of them goes into the hospital/nursing home and the other one zones out. Stress does odd things to folks.

I do not charge old people late fees. I know your all SHOCKED.

Here's my take. You're new to the world just over 18 years old-- you gotta learn. Like training a puppy-- roll up the newspaper and wack--- they learn quick.

Simple put: Your on the down side of life---- you've paid your dues.

Flip side: I got a single guy who didn't work all of Nov. Paid no rent and we're waiting on set out Thursday. Here it is Dec and he's loading up the haul. He had the audacity to ask his church to pay his rent or at least 500.00 of it---- an able bodied guy. We would not take the money from the church. OH forgot he's driving a brand new car.

Now he's moving and we're the --- holes.

A couple of days late, I wouldn't charge, Since she has been fine for years. Maybe just send her a reminder a couple of days before the first, just to be helpful. I'll admit, sometimes I don't realize it is the first of the month until the checks come.

Tiny,

She has proven she has the ability to pay on time.

THIS is the hurdle casual LLs MUST get over to operate a sustainable and LEGAL business. Must treat EVERY res the same whether you like them or not. Rehab or not. Fine person or not.

You can be sued for “being nice”.

If you let one person slide the free attys can each your lunch for discrimination. You cannot give one person an advantage you do not give EVERY person.

My judge makes it clear- if you don’t charge a late fee now it is your STANDARD PROCEDURE and you cannot charge a late fee later.

Is she waiting for a SSI check? Need to rest the due date?

Me? I’d send a letter “Mary, I let the last late payments go without late fees. I must remind you that in the future the late fee is $5 per day per the lease.

“

BRAD

What does fair housing laws have to say about treating someone differently - especially repeatedly?

Perhaps by hooking up the resident, you are setting yourself up for bigger problems

I’m all for cutting someone a break, BUT, you offered help and it was declined. I would send a letter clearly stating what the rent is, what the late fees are, other terms of the lease. I would keep the tone friendly, and state that I am clarifying what the terms are. I would NOT point out any assumed reasons why the rent was not paid on time, as that can be implying she is deficient.

Just state what the terms are, what the penalties are for violating the terms. I usually end with, ‘Any questions? Text me at xxx with your questions, or to arrange to meet at your house.

(I request text as I am getting hard of hearing. In person, I read lips well enough, and know to clarify if I wan’t sure of what they said. )