Can I require tenant to pay fees before renewing their lease for another term?

Question

This particular tenant's lease is set to expire soon. They still owe $300 for a utility bill and $150 for removing and dumping the unit's fridge by the dumpster. The owner would like to retain this tenant. Can I add language to our lease renewal letter that includes the requirement that the above fees get paid? What are the rules around this?

Kevin Sobilo · Answer

@Sandy Magyar, for me that would be straight forward. In my leases fees and billed back items are payable "before rent" or "as rent".

In either case, once the item is billed back to the tenant, it is payable and when they make their next rent payment if it does not include the total amount of rent plus these additional items, they end up delinquent on RENT!

Then you just treat it like any other rent delinquency with appropriate communication, notices, and possible eviction.

Mackaylee Beach · Answer

It's important to have a conversation with the tenant to discuss the outstanding balance and make it clear that it must be resolved prior to renewal being considered.

Russell Brazil · Answer

You should simply have a running ledger. X money doesnt go to rent, and Y money to fees. Its simply a running ledger with a total, and what theyve paid against their total.

Nathan Brown · Answer

This would be an interesting negotiation tactic to offer the tenant if they can't square up out of pocket before renewing. However, I personally wouldn't even bring it up. Chances are if they're struggling now, they'll be struggling at their eventual move out too. Gotta keep that deposit in tact for whatever damages may be found at that time.

Sandy Magyar · Answer

Thanks for the input!

Gustavo Delgado · Answer

just deduct from the deposit and keep the receipt

Can I require tenant to pay fees before renewing their lease for another term?

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