Tenant alters lease

[Renee R.]

I just closed on a duplex that has tenants in both units. I sent them each a letter letting them know where to send the rent check, where their deposit will be held and the lease that reflects the same terms as the past landlord (as required by law). One of the tenants crossed out the references to late fees--like he's not going to pay them if he's late. He has paid one month's rent on time so far, so I don't know that lateness will be a problem, but where does this leave me if he is late, aside from sending him a pay or quit notice? His lease is up in April and he's not exactly a clean tenant, so I may only have to hold on until then. Any advice?

[Jon Holdman]

You and the tenant have to abide by the existing lease.  If that contains late fees that you're just reiterating in your letter, the tenant can't just cross them out.  On the other hand if the existing leases don't include them you can't add them. if the existing lease does include them, the tenant is late and refuses to pay, start an eviction.