Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
I have new tenants in a SFR. They had repairs done without my knowledge or consent. Had I consented, I would have the repair company send me the bill. I will NOT allow tenants to have repairs done and then deduct that from the rent. I am afraid I would be setting a precedent. Next thing you know, they could have a swimming pool installed and I would be on the hook:)....so....I order repairs, I pay for repairs, and tenants are expected to mail in the full rental amount due each month.
These people shorted the check by $75. I don't know how others handle this, but I sent back their cashier check by certified mail and posted a 3 day notice to pay or vacate. 3 days later I received the cashiers check back along with an additional check to cover the shortage plus $25 for the certified letter. I regard this as "training" a tenant. I was a bit skeptical that I might end up in court but in the end this one worked out.
#6 Rule of Landlording - when a tenant gives you money, never give it back.
You should have a clause in your lease pertaining to partial payments and how they do not void your ability to pursue necessary action to collect the full amount due.
Pete T. I certainly understand the viewpoint of not letting it go and I would never let something like that slide completely. But I also know most people aren't going to thoroughly read a lease. I don't like turnover in my places and believe that a tenant who wants the place in good condition is worth keeping. That's why I would want to do a face to face to discuss the issue and lease as well as follow up with a letter of what we discussed. I wouldn't let it go a second time, because I would know that my expectation was set and the terms were clear. I completely understand the alternative viewpoint though.
My tenant emailed me back tonight and said "I've been out of town traveling for work...provide a proper bill I will be more than happy to provide the $46. As far as any late fees or other payments, those will not be paid by me as I never initially reviewed a proper bill for services."
Two months ago she had said the $46 was in the mail; it never showed up. In addition to an email and text I had also snail mailed a letter a month ago that $46 was due for what months of trash service so I don't know what she is expecting to get from me or is pretending to not have gotten it. Now she is requiring a "proper bill"?
I wrote in response,"The lease states when items are due, the late fees, and that email/text are approved/agreed upon methods of communication...no requirement for bills to be issued according to the lease, nor is this any kind of accepted standard of practice in rental contracts in the area. However, I do have the authority to make a one-time exception which does not change our lease provisions going forward in any way. Therefore, we will accept a $46 check as payment in full if received by October 5th. After October 5th, lease terms will apply with regards to late fees."
No response after that. Hopefully she just mails it! I initially emailed her about this at the end of July. Now I'm going to also send the email certified mail. Ugh. If it's not paid, I'll have about $160 in late fees for a $46 bill. I gave her 2 months before I charged the first late fee so I don't think I am being unreasonable.
@Kimberly H. If the tenancy is otherwise working well, I will always engage in dialogue with the tenant to come to an understanding of their position. Once I understand their position, then I let them know what I am prepared to do. If they are willing to communicate with you, cooperate and make good on what they owe you... it could turn into a learning moment and they will learn how to better fulfill their end of the rental agreement. When tenants try to call the shots I tell them "That's now how it is done. This is what we are prepared to do.... _____. Our rental agreement and landlord-tenant law supports this course of action. We are willing to _____________(something a little less harsh) instead if we have your full cooperation and understanding not to do this again in the future."
We have a clause about how we apply monies received to oldest debt first and even have it outlined so which kind of debt is paid first, second, third. So in your situation Kimberly, this is what I would do: I would do as you have done, continue to provide open lines of communication and start assessing the appropriate fees. Document every step. When October rent comes in, apply it first to the previous debt, starting with the fees, then last month's unpaid rent and then the current month's rent. Then send the tenant a late rent letter outlining how the money was applied.... itemized. With the remainder due as October unpaid rent. It will be more than $46 by that point and they are likely to catch on that they need to step up to their obligation. Remain flexible if they cooperate and even "forgive them" of one of the late fees and win them back into being a good tenant. Of course, if they go the other direction and don't pay anything in October, proceed with the "Pay Rent or Quit" as soon as you can and proceed with eviction if they don't respond to appropriately. Good luck!
@Kimberly H. - I wouldn't waste my time corresponding with this person. I would instead post a 3 day and see, paraphrasing Matt Damon, "How she likes those apples?"
Offensive, isn't it? You're a grownup, after all, not a small child or a pet. Adults engaged in mutually beneficial business relationships should treat each other as adults engaged in mutually beneficial business relationship, and not try to "train" anyone.
I don't know that I feel offended, I'm just annoyed. I don't just throw a lease in front of someone. I spend an hour explaining it and the consequences of not following it, that payments go to late fees, other balances, rent last...it covers their responsibility for paying utilities. Plus a month ago she said the $46 was in the mail. Now she is saying I need to send a "proper bill"...just pay it.
if it was late rent I would have already posted a 5 day notice on the 6th day.
I don't think starting the eviction process over $46 makes sense for the company or tenant, although it is certainly well within our rights to do so.
I agree. Sometimes, the sight of the notice sends the stern message that you take the business very seriously. It is an inexpensive way to slap a tenant around.
I have new tenants in a SFR. They had repairs done without my knowledge or consent. Had I consented, I would have the repair company send me the bill. I will NOT allow tenants to have repairs done and then deduct that from the rent. I am afraid I would be setting a precedent. Next thing you know, they could have a swimming pool installed and I would be on the hook:)....so....I order repairs, I pay for repairs, and tenants are expected to mail in the full rental amount due each month.
These people shorted the check by $75. I don't know how others handle this, but I sent back their cashier check by certified mail and posted a 3 day notice to pay or vacate. 3 days later I received the cashiers check back along with an additional check to cover the shortage plus $25 for the certified letter. I regard this as "training" a tenant. I was a bit skeptical that I might end up in court but in the end this one worked out.
My first reaction was that this feels like a bit of killing a mosquito with a hammer, but your later postings reveal that you find them to be a troublesome tenant.
You likely have cured them of fixing things without your permission, but I doubt their complaining is going to stop.