I would be more sympathetic if......

[John Van Uytven]

What a long day. I'm drained.

Today we filed on the tenants who didn't pay rent on the first.

To spare longer details, I will keep this short.

As I was making calls, to delinquent tenants, trying to see if they could pay before we file. One person in particular was very rude and abrasive, but said they might be able to pay. Kind of par for the course.

Then another unpleasant tenant stating that she wasn't going to pay, even though she could.

As I looked back on the conversations later I realized. 

I would be more sympathetic to the tenants if they would do what they say. In that I mean I would be more sympathetic to the tenants if they said, "I will pay next Wednesday" Then next Wednesday, they paid.  Or as the Second case she said wasn't going to pay, and she didn't.

Both people were rude, but at least one was honest with their intentions. 

And that would make me more sympathetic.

What would make you more sympathetic towards your tenants, contractors, or people in general?

[Account Closed]

This is why I do everything in writing.  No arguments needed.  No nasty phone calls.  No pleading or begging.  That is why you have a Lease Agreement (legal contract) and a Notice to Quit.

When rent is not received in my office on or before the first of the month, the next day I send out that Notice to Quit for Non Payment of rent.  Plain and simple.  Tenants are advised of this the day we sign the lease agreement that this will happen.

Now I tell them at that time, that a Notice to Quit is just a notice and for them not to be offended.  It is just a piece a paper (for now) that let's them know I have not received their rent yet.  WE CANNOT EVEN FILE FOR EVICTION UNLESS A NOTICE TO QUIT AS BEEN SENT.  I tell them that the only time they should worry about this Notice to Quit, is if they don't pay their rent, because it is at that time, that it becomes a legal document.

So the Notice to Quit is sent on the second day of the month, if rent is due on the first.  And all my rents are due on the first to avoid having to be in court every single day of the month, when you have various due dates for various tenants.  So there are no phone calls made to them, and no confrontations.

If rent is not received in my office on or before the 5th of the month, I don't call them and get into a confrontation.  I send them a bill for $25.00 (late fee) with a letter stating that their rent must be in my office no later than the 11th of the month, (along with the late fee) because on the 12th of the month (the legal allotted time for my Notice to Quit to be filed in a court of law ) I will be filing for eviction for non payment of rent.

Once again, no confrontations, etc.  

If they call my office and want to argue, I never call them back, but I will send them a letter.  I want everything that I do be in writing in case we go to court.  And no matter what their excuse for rent being late, it doesn't matter.  If rent is not in my office by the 11th of the month, then I file for eviction on the 12th.  

Now if this sounds cruel it's not.  The Notice to Quit was sent on the 2nd of the month and they had plenty of time to pay their rent prior to me filing for eviction, making the Notice to Quit a legal document once I have to file it in court.  Plus, the court will give them 10 more days to pay before our court date.  So they've had almost an entire month to pay their rent. This procedure doesn't sound cruel to me.  But if you delay sending that Notice to Quit, then by the time you do file it in court, you're well into your second month of rent being due and not paid.  So now they owe you two months, and it can go on and on and on. 

So when you rely on the law to handle problems, even though the legal system is lengthy, you avoid all the confrontations, yelling, stress, and all that goes with it, because you let the legal paperwork and the courts handle it and not you! 

Now if a tenant leaves a message on the phone and says they aren't paying their rent because I have a leaky faucet and it's needs fixed, or any repair excuse, I will send over a handyman or my husband will go himself, and fix the problem, if one truly exists, which takes care of the, "slumlord" answer they would give the Judge for not paying their rent.  (most times you don't know  there is a repair issue until they don't want to pay their rent.  And usually there truly isn't a repair issue, they just think they can stall the eviction and can if you don't take care of it at that time)

So bottom line is, let the legal system and procedures do all this for you and your life as a landlord will be less stressful and regulated, and comfortable.

Nancy Neville