What would you do?

Question

Hi All,

I have a tenant that has been in my unit for 8 months now and just called to ask if she can move her rent to the 15th. Backstory on her: She owned a house and had a fire. She used the insurance money to pay of the mortgage even though the house is unlivable. Now she's in our unit (with her kids grandkids) she is a teachers aide and was unable to find a job over the summer in the depressed area the unit is in. My thoughts:

1. She hasn't been late on rent ever and has been an ideal tenant.

2. She is likely to stay for a long time and has even said that.

3. I was thinking of telling her if I get 1/2 of the rent on the 1st I could be ok with the rest on the 15th.

4. I would give her 3 months to get back to full rent on the 1st (but in reality I don' know if this is feasible).

5. I did take an extra month of security based on her credit history (not stellar) but I don' really want to touch that.

6. Telling her that if this can't work she should start looking for new housing?

Any other ideas/solutions?

Thanks!

Colleen F. · Answer

@Christina Galdieri   I would allow her to move to the 15th if she could pay half on the first. If ultimately what she wants is to go to the 15th all the time and pay monthly I would be okay with that.  I think you might want to find out if she is asking to pay twice a month or just move the date?  You should amend the lease to do that if it is long term.

Peter Mckernan · Answer

If you are going to be flexible and move it to the 15th which is an option I would think about being strict on that movement. So if anything is later than the 15th I would do an addendum for the agreement, and state in that addendum if the rent is 1 day late then there is a penalty for that happening. Be strict on that and keep the late fees starting 1 day after and make sure you are making her aware of needing to find another place if there is a trend of extending rent even more from the 15th.

Patrick O'Sullivan · Answer

@Christina Galdieri Given her track record and circumstances, I think your plan sounds fair. Half on the first, the rest on the fifteenth, with a few months to get back on track.

It might help to put a simple agreement in writing so expectations are clear. If she continues to communicate and hold up her end of the agreement, this could be a win-win. But it’s also fair to let her know kindly that if this doesn’t work out long term, she may need to start considering other housing options.

Sounds like you are handling it thoughtfully. Trust your instincts; you know your tenant better than anyone else.Wishing you the best as you work through it.

Benjamin Aaker · Answer

It's not necessarily a bad thing for a tenant to want to move the rent payment. Often it depends on how and when they get paid for their job. It would be wise to inquire about this first. Don't forget about that 1/2 month's rent from the first to the 15th, as others have stated here. Make sure you write an addendum to the lease agreement. An attorney would be advisable to do this.

Michele Fischer · Answer

Agree with your approach, I would not formalize it so you still have flexibility, and I would think about 4-6 months instead of 3.

Wesley W. · Answer

@Colleen F. and  @Peter Mckernan   give good advice above.  Here's my contribution.  If moving the date to the 15th were just for one month for her to get back on her feet, I would sign and addendum with her since you claim she is a stellar tenant.  But permanently moving the rent due date for one person would make my bookkeeping even more challenging.  If you have an exception to your system, you do not have a system.  Oftentimes moving the due date is a temporary fix to what usually amounts to a permanent problem.

What would you do?

Most Popular Reply