Lease Agreement - Late Charge and how much to charge?

Lease Agreement - Late Charge and how much to charge?

Rental Property Investor · Savage, MN · Member since 2016 · 202 posts · 61 votes

Hello BP family!

So I am a newer Investor/Landlord (since 2014). My question to fellow investors and landlords is how do you charge your late fee structure on your lease agreement, and how much do you charge? 

My state of Minnesota allows me to charge a max of 8% of the rental agreement ($1400/month). I was curious if anyone has another method or knows of any that work better than just a flat late fee like I charge? I don't want to turn away good renters, but I also don't want to attract tenants that feel a smaller fee is easier to manage, say $25-$50.

My Current late charge section includes the following taken from my current lease agreement:

"A late fee of $112.00, (not to exceed 8% of the monthly rent), shall be added and due for any payment of rent made after the 1st of the month. Any late fee(s) are due upon the following month's rent due date. Any dishonored check shall be treated as unpaid rent, and subject to a additional fee of $25, in addition to applicable late fee charges" 

I currently work in the financial field full time, so fee's are fee's. The banks don't let anyone slide, and charge you an overdraft or late payment, but being new to the real estate game, is this along those lines as well? Any ideas to improve? Is that too steep of a fee? What works for you? 

Thank you in advance for any input!!

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Rick SantasierePro Member
Real Estate Broker · Granby, CT · Member since 2015 · 695 posts · 317 votes
10y

@Alexander Langas always, check your local real estate law, but I have a little trick I use in CT and it goes like this: If you and the tenant agree on a rent on $100/month, you write the lease up as the rent being $110/mo (you would explain this to the tenant prior to just suprising them with something they didn't understand:), you would then write the following:

"A credit of $10 will be credited to the tenant each month the rent is paid on or before the first of the month." Two things are at play with this scenario, and they are beautiful:  First, there are some states (Connecticut is one of them) that doesn't allow late fees until a certain date; this scenario "builds in the late fee" without calling it a late fee. Second, it's a great honest and respectful discussion between you and the tenant, and it builds a rapport, and it's black and white:  You pay me on the first (for a credit), or you pay me on the 2nd and third for full rent (which is 10% over the agreed upon rental amount). Use whatever % your state allows for.  I also put something along these lines after it. "If rent is not received by midnight on the 10th day, Notice to Quit will be filed by [insert attorney name and address] and immediate eviction process begins per state of CT guidelines." I saw some great responses, this is just another creative option. Hope it adds value to someone !! 

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  • Professional · Covina, CA · Member since 2016 · 56 posts · 15 votes
    10y

    I like the saying "Good fences make good neighbors." Late payments should be somewhat painful. They should have clear rules. When a tenant tells me they are going to be late, past the applicable grace period. I thank them for letting me know and ask them to include the late fee as well.  If you take out a payday loan you pay a crazy rate, but if it's what you need to do, you do it. You're reference to banking is perfect! You really have to have those clear boundaries, and stand your ground.

  • Investor · Cathedral City, CA · Member since 2014 · 481 posts · 170 votes
    10y

    I charge $70, plus $2 a day after the grace period

  • Rental Property Investor · Fort Wayne, IN · Member since 2016 · 258 posts · 177 votes
    10y
    I charge 10% on the balance after the grace period and never waive it because then they think they can get away with making excuses. Be plight but be firm and never waive the late fee.
  • Rental Property Investor · Savage, MN · Member since 2016 · 202 posts · 61 votes
    10y

    @Vincent Guerrero Thanks for your insight Vincent! I like your reference using the Payday loan scenario as well. That was my initial thought process as well. Yeah it burn's to hit a good tenant with a late fee when they are down on their luck, but if you bend one rule, I suppose your inclined to bend more on a per situation basis which I do not want to get into that's for sure. 

  • Rental Property Investor · Savage, MN · Member since 2016 · 202 posts · 61 votes
    10y

    @Jeff Gates - Thank you for your input on your late fee process Jeff! Do you also have some sort of cut off for the $2 per day limit or can that roll into multiple months? I was looking into doing something similar in which I would charge $50 if I don't have it by the 1st, and then $5 each day until the 12th (since I can't charge more than 8% in MN for a total of $110 late fee max) but didn't want to get bogged down in the math when it comes down to actually receiving it. I ran into that initially because one tenant argued he sent the check in the 3rd, although I received it the 6th due to the weekend via snail mail. My one idea was to implement electronic payment, although they were not comfortable with it, and preferred the check payment method. This is just how I arrived at the flat rate steep fee, but I do like the medium fee, with late day penalty method as well. 

  • Rental Property Investor · Savage, MN · Member since 2016 · 202 posts · 61 votes
    10y

    @Kay Kay Singh Thanks for your response to my inquiry Kay Kay! It appears you and I have similar fee structures as I charge the max (8% in my state of MN) for late payments as well. I am glad that more investors have the same mindset as myself, and I just wanted to reassure myself that I am not being to hard on my tenants as I certainly want to retain them as long as possible, but I also need to be firm and profitable. Thanks again for the insight!

  • Investor · Crystal, MN · Member since 2013 · 486 posts · 277 votes
    10y

    @Alexander Lang

    In my contracts, I use 8% as well, but when push comes to shove, I only hit them with a $50.00 fee.  the main reason is most tenants just sign the lease without reading it.  I've had only a couple late fees out of my 8 separate tenants.  You want to make it painful enough (like a parking ticket), but also not so much that it puts them in  'fear' mode.  It should be a monetary slap in the wrist....a nuisance, not an opportunity for profit.

    Also, circumstances can play a part.  We have one tenant who pays on time every month, but a snowstorm shut down freeways in and out of the town for two days.  Screwed up the mail.  In that case, we permitted the late payment.  Did not set a precedent...all parties back to normal.

  • Investor · Maryville, IL · Member since 2016 · 129 posts · 81 votes
    10y

    @Alexander Lang - I used to charge by the day $5.  That got tedious and really convoluted particularly if you have a grace period and you have to ration do you retro calculate back over the grace period as days late or not...it led to unnecessary tenant arguments.

    I now charge a flat $50, no grace period, and I have a similar fee ($35) for any NSF payments (I specifically note in the agreement that a NSF payment will undoubtedly create a late fee so it is clear it's VERY COSTLY to write me a bad check).

    I make one caveat with my tenants; if they mail the rent to me, as long as it is postmarked before the 1st day of the month, even if it arrives late, I will not charge them a late fee.

    I have collected one late fee on five properties since I have implemented that policy, and I'm much happier to have my calculated rent on time for my bills than to make an "extra" $15-50 every so often because my tenants can't get it together.

    @David Moore - I agree with the situational consideration.  It's why I keep the postal caveat in and I've also given one tenant a break by waiving her rent one month (she was in the hospital and out of work for nearly three weeks), and allowing her to add $100 to the rent for the next seven months to catch it up with no additional penalties.  It's called being a decent person who is about their business!  Nice job, sir!

  • Fort Collins, CO · Member since 2014 · 397 posts · 161 votes
    10y

    @Alexander Lang This is a little bit on the extreme end but I know one landlord (not one of our customers) that if the tenant is late once the monthly payment amount increases by a small amount for the rest of the lease for the tenant.  

  • Flipper/Rehabber · King, NC · Member since 2016 · 88 posts · 36 votes
    10y

    In NC you are limited to 5% of the monthly rent for late fees. I would charge the highest rate I could charge. My policy is that rent is due on the first and late after the 5th and evictions are commenced on the 15th. I started using RentMonitor a few months ago and it automatically adds the late fee on the day you want it to. No more partial payments no more excuses, no more running to the post office and bank. I require from here on out that all my tenants must use this service to pay their rent. They also have great technical support to get you setup and you just pay as you go. $3 flat fee for every transaction. Well worth the money if you ask me. And one last thing. Never, Never, Ever waive late fees. Take it from me, every time I have in the past it has always come back to bite me.

  • Des Moines, IA · Member since 2010 · 44 posts · 14 votes
    10y

    @Larry Watson Thanks for the mention. I wanted to point out that RentMonitor also lets landlords set a maximum late fee. So in NC, Minnesota (or any other state with limits), you could have a daily late fee and set a maximum. That way, once the max is met, the late fee will stop accruing. 

    And for landlords that feel bad and are tempted to waive the late fee, we're happy to be the "bad guy".

  • Rental Property Investor · Savage, MN · Member since 2016 · 202 posts · 61 votes
    10y

    @David Moore thank you for your input David. I see your point and thank you for your input. I myself have been looking for properties over in Crystal and Robbinsdale. Are there any REIA's in that area that you attend? I reside in Savage, but invest in the north Metro so definitely would like to meet up and talk shop or get the invite to a local club in that area that you can recommend.

    @Kurt Gardner Yeah I tried doing that method as well for a while and for some reason my math never added up to the tenants which got old very fast. Again their reasoning on blaming the post office for misplacing their check and possibly losing it. Funny thing is it was post marked later than they stated they sent it so I don't mess with that method anymore. I work in the finance industry, and a flat rate makes everyone aware regardless the amount that's for sure. variables = confusion, confusion = disputes, disputes... well yeah its no good. Thanks for your insight!

    @Rick S. Thanks for your insight. Yeah I suppose for some it is which is why I am asking for peoples input but thanks for your insight. I will see what others think as well.

    @Larry Watson Thanks for your insight on this issue Larry. I see that we have similar stances on late fee's. I may restructure my fee amount, but still stick to my guns regardless of their situation. If I am late on my mortgage payment the bank doesn't care what my excuse is. As a landlord we can by sympathetic and understanding, but at some point after being burned on kindness being a weakness you have to draw the line. Thanks again!

  • Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
    10y

    $50 on the 6th

    $20/day each day afterwards

    $40 bounced checks (money orders after bouncing a check)

    eviction filing on the 10th

  • Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes
    10y

    some landlords charge a late fee if the rent is not paid by the 1st of the month??? so the tenant is supposed to pay in the previous month for the following month? Can you ( is it legal to) charge a late fee prior to the expiration of the grace period? 

    Im in Connecticut and all of this would not fly here. In CT tenants have 10 days grace period. You can only charge a late fee after the end of the grace period

  • Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    10y

    @Victor N. Not quite. In Connecticut you can begin charing late fees 9 days after the rent is due. 

    http://www.nolo.com/legal-encyclopedia/connecticut-late-fees-termination-nonpayment-rent-other-rent-rules.html

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    10y

    @Alexander Lang I would add to your lease clause about late rent, that accepting rent late in any month, does not waive the due date of the 1st, or something along those lines.

    Accepting late rent can effectively change the due date.  Your behavior can be considered a waiver of the terms in the lease requiring rent on the first.  I guess, if every time you allowed them to pay late, that you also give them written notice that rent is due the first and you haven't waived your right to the due date by accepting late rent this month, that you might keep the due date in tact.

    In CA, if a tenant challenges your late fees, you have to prove that you incurred actual out-of-pocket losses due to their late rent, so no landlord would probably win on their late fees in CA.

    I like the policies listed above that put a date that eviction will be filed, so they don't think they have the option of paying at the end of the month, if they can somehow come up with the late fees.  

    I gave my tenants one free pass, as I called it.  As long as they paid by a reasonable date that we agreed on.  And I'd explain to them that they are getting their one free pass, and that if they pay rent late again, it will be a $50 fee, but if they do it too many times, I'll have to just give them 30 days notice to move out (M2M agreements).  I rarely collected any late fees.

    Some of my tenants relied on financial aid, and if their FA was delayed, I'd just get them to get a letter from their FA office, or have them email me to tell me that it was in fact delayed, and when it was expected.  We worked with those tenants and didn't charge a late fee.  At most, it would happen twice a year.

  • Rick SantasierePro Member
    Real Estate Broker · Granby, CT · Member since 2015 · 695 posts · 317 votes
    10y

    @Alexander Langas always, check your local real estate law, but I have a little trick I use in CT and it goes like this: If you and the tenant agree on a rent on $100/month, you write the lease up as the rent being $110/mo (you would explain this to the tenant prior to just suprising them with something they didn't understand:), you would then write the following:

    "A credit of $10 will be credited to the tenant each month the rent is paid on or before the first of the month." Two things are at play with this scenario, and they are beautiful:  First, there are some states (Connecticut is one of them) that doesn't allow late fees until a certain date; this scenario "builds in the late fee" without calling it a late fee. Second, it's a great honest and respectful discussion between you and the tenant, and it builds a rapport, and it's black and white:  You pay me on the first (for a credit), or you pay me on the 2nd and third for full rent (which is 10% over the agreed upon rental amount). Use whatever % your state allows for.  I also put something along these lines after it. "If rent is not received by midnight on the 10th day, Notice to Quit will be filed by [insert attorney name and address] and immediate eviction process begins per state of CT guidelines." I saw some great responses, this is just another creative option. Hope it adds value to someone !! 

  • Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    10y

    Good idea @Rick Santasiere. Just make sure they understand that it's a credit, and not an "early pay" discount, because (as I just learned somewhere else) that is illegal in CT. :)

  • Rick SantasierePro Member
    Real Estate Broker · Granby, CT · Member since 2015 · 695 posts · 317 votes
    10y

    Correct @Filipe Pereira. Thank you for the clarification, but yes, the words need to specifically say "credit." In your face to face communications, you can certainly word it a little looser, but what you put in writing is more enforceable.  

    While I am on the topic of lease terms, I was contemplating creating a group of 5-10 investors and creating a bulletproof lease for all of us to use that complies with all state regs and hits all of our pain points (like one of mine this week was a tenant who thought it would be a good idea to put a trampoline, with no sides of course in the front yard of my SFR).. Low and behold, my lease states nothing about trampolines not being allowed... Never in a million years did I think I even had to mention it... But now I do... Classic. People are something. Something you would be interested in working with me on?

  • Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    10y

    @Rick Santasiere so let me see if I got this right. Payment on or before the 1st, and they get a $10 "credit" (to be applied when, exactly?). If they pay after the 1st, but before the 10th, they still pay the "110", but now there is no "credit" being saved up?

    I'd be extremely interested in that sort of a group. I am making a list of things that I want my lease to hit, so that would be very helpful. (LOL to your trampoline fun...how do you plan on getting that taken care of?)

  • Rick SantasierePro Member
    Real Estate Broker · Granby, CT · Member since 2015 · 695 posts · 317 votes
    10y
    Oh man... It'll be so much better discussing face to face. I used the f word a few times when taking about to so some other investors tonight :) lease writing, let's do it. About the credit "build up." I think you are reading too far into it. It's simple: if you make your rent payment on of before the first, we will credit you $XX. If you do NOT, we will NOT credit you the $XX, hence, your agreed upon rental amount of $110...
  • Rick SantasierePro Member
    Real Estate Broker · Granby, CT · Member since 2015 · 695 posts · 317 votes
    10y
    Wow, I need to sleep.. Too many typos... Been at this since 6:00 am.. I'm cooked. Talk soon Filipe.
  • Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    10y

    Sounds good. Talk soon. 

  • Investor · Meriden, CT · Member since 2013 · 201 posts · 145 votes
    10y

    @Filipe Pereira you said yourself that you can beginning charging late fees 9 days AFTER rent is due. Since rent is due on the 1st, add 9 days and you cannot charge a late fee until the 10th. You are from CT so read the Connecticut Judicial branch guide. Your profile says that you do not own any property and have no experience. So please talk to an experienced landlord when you are ready to rent your first apartment.

    I have  been a landlord in CT for some time and in court a few times. it is illegal to charge a late fee before the 10th day.

  • Property Manager · Windsor Locks, CT · Member since 2016 · 1k+ posts · 1k+ votes
    10y

    sorry, didn't count the due date as a grace day. I'm guessing you did?

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