Unmarried couple wants to pay rent separately -NYC

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Tim Miller
Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
2y

This is almost like renting by the room, all it takes is for one not to pay and the other one is going to say. "I paid my half" regardless of what the lease says.

We use an online payment system and we only allow one tenant to be responsible for signing up to make the monthly payments. They can figure out their own internal financial arrangements for themselves. 

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  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 489 votes
    2y

    I wouldn't concern myself with who pays what as long as the rent is received in full each month. Let them sort it out amongst themselves. Good luck & happy investing!

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  • Tim Miller
    Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
    2y

    This is almost like renting by the room, all it takes is for one not to pay and the other one is going to say. "I paid my half" regardless of what the lease says.

    We use an online payment system and we only allow one tenant to be responsible for signing up to make the monthly payments. They can figure out their own internal financial arrangements for themselves. 

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  • Suzanne Reinbold
    Realtor · Grand Rapids Area · Member since 2020 · 13 posts · 10 votes
    2y

    Just say NO. Saying yes to their request can/will put you in the middle of any financial disagreements between the two of them. It also sets a precedent for others to attempt to follow. And if one pays half and nothing from the other and you need to move on to eviction it could complicate the process and increase the time it takes. My mantra for my life is “keep it simple Suzie” and that request does not meet that criteria. Keep it simple …… just sayin’, “just say no”.

    1Reply
  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    2y

    If they want to pay with two payments, that's fine, but make it clear to them that both of them are ultimately responsible for 100% of the rent.  No return of deposit until both parties move out, they need to work things out themselves.  You want the ability to pursue both fo themf or unpaid rent, and you can't rent out half the house.

    When we have couples rent, we always designate the strongest applicant as primary on the lease to avoid getting involved with any disputes.  Talking about it while everyone still likes each other can make things easier when someone wants the locks changed.

    wording:

    In the event that Tenants decide they no longer want to live together, ___________ will be considered the primary Tenant to make decisions about modifying or terminating tenancy. Deposits will not be returned (full or partial) until all tenants move out.

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  • Jill F.
    Investor · Akron, OH · Member since 2016 · 2k+ posts · 4k+ votes
    2y

    As long as both parties understand that they are both jointly and severally liable for the full rent they can pay how they want but my system still charges each tenant the full ACH fee and if any of the rent is late the entire late fee applies.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    I agree with the others who mentioned make sure each knows that if one doesn't pay on time, they are both still responsible for the rent and any late fees.  I would honestly tell them to sort it out themselves and have one of them pay.  It is no more work for one of them to send their half of the rent to the other who then pays you the full amount directly and it is less work for you having to receive two payments.

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  • Alecia LovelessPro Member
    Member since 2019 · 3k+ posts · 2k+ votes
    2y

    @Lyle Cooper I have a situation where the husband pays in cash his half due to having a cash business and the wife pays her half with a check. I told them they had to make the deposit themselves which they were in favor of due to not wanting to have to connect with me each month to pay me the cash and to do both at the same time.

    The husband now goes to my bank the first of the month with deposit slips filled out to the right account (I only put my name and the last 3 digits of the account number so they don’t have access to my account number.) He makes the deposit and gets a receipt from the bank for his cash/check deposit which I find preferable to having to accept cash myself which I consider to be a security risk.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y

    I don't care where the payment comes from or if it is split into multiple payments. However, I do require 100% payment by the due date, or it is 100% late, and all tenants are 100% responsible. If Tenant A pays their portion, but Tenant B does not, it doesn't matter. They are both late, subject to late fees and eviction. 

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  • Olivia Grabka
    Property Manager · Leominster, MA · Member since 2022 · 103 posts · 50 votes
    2y

    @Lyle Cooper

    This is not unusual. Apps like rentredi make it easy for tenants to pay separately.

    0Reply
  • Mohammed Rahman
    Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    2y

    Hey @Lyle Cooper - I don't think there's any legal precedence to disagreeing with *how* the rent is split up HOWEVER you could point out that if there is one main tenant in the lease and the other tenants are sub-tenants under the main tenant - then all payments have to come from the main lessee. 

    Otherwise, this doesn't seem like a big redflag except I would make sure you clarify that rent is still due from both parties and that if one person isn't paying their portion of the rent then all persons on the lease are responsible for any uncollected payments. 

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