Problem Tenant Rent Collection

[Omer S.]

Hello, I have a problem tenant and the latest is I have a failure to pay rent judgement against them.  Today is the day I can file for eviction.  Last night I get a text from the tenant saying I can come pick up the rent from them during a 1 hour window tomorrow.  

The lease agreement states that they will deposit the rent into my account at the bank.  I asked them to mail the check but they are saying I can only come pick up the rent from them during that 1 hour window.

Does this sound like something I should play along with?  They have been a pain ever since they moved in.  

[Nathan Gesner]

First, you should not accept checks for late rent. If the check bounces, you could be another 7 - 10 days behind before discovering the problem. My policy is that rent is due on the 1st. If they have not paid by close of business on the 4th, they get hit with a late fee and have to pay with a money order so I know the funds are guaranteed.

Second, the tenant is offering to pay rent but playing games. Is it more important that you "win" the argument or that you collect rent?

It's hard to say what you should do because I don't have all the background regarding what the tenant has done in the past. Based on what you've provided, I would go there to collect the rent and I would simultaneously hand the tenant a letter asking them to leave. Kindly point out that they don't appear to be happy in your rental and that it would be easier on all parties if they would give you 30 days notice and move on. If they return it in good condition, they can still get their deposit back without penalty for breaking the lease.

Don't get caught up in childish games because the tenant has the advantage by making your life difficult for a long period of time. Stay objective, offer to help them move on, and be nice. Being nice to a childish tenant hurts them more than if you played their game.