Late Payments

9 Replies

Hi All,

I have a section 8 tenant that inherited when I purchased this duplex in February.  The first couple months he paid his portion of the rent on time but over the last three months he has paid it later and later and this month he paid it late and it was $10 short. I try to be as strict as possible by posting notices and charging late fees (which he has paid)  but it is getting a little annoying already.  I feel like he will never let it get to the point where he is evicted due to non payment so I feel like I am stuck posting notices and hassling him for the rent.. Any recommendations??

Aside from posting notice never hassle him for rent or go to him to pick up rent. He is responsible to pay in full on time and insure you get the money not that you pick up the money.

Tell him next time he is late you will take it to eviction. Repeated or consistent late payment is usually justification for eviction.

You need to get rid of this tenant as he is training you to be the worst kind of landlord.

I would hope he ignores your warning, pays late, and you evict. 

As soon as the 3 or 5 day grace period ends, if you have one in place, be prompt in delivering a Late Rent Notice, or Notice to Pay Rent or Quit to the tenant. Technically this could begin the eviction process, but your tenants must know that you’re serious. If you are at this point, you’ll want to call a lawyer and be prepared for a long legal battle. though they are making the payments continuing to be late will get worse. :in most cases: being the bad guy is not fun but necessary. good info i found is:

1. Act quickly and consistently. Enforcing the rules will let tenants know you’re serious and will help prevent late tenants from getting behind even further on their payments. You may have worked out a deal with them once or twice, but what if the payments spill over into next month? It’s better not to have to worry about continual bargaining for the money they promised to give you.

2. Try not to accept partial payment of late rent and NEVER accept even one cent if you think the case may go to court. In many places, accepting partial payment will void any legal actions you have previously taken, including Pay or Quit notices, and it will start the process of eviction over again (if you have already started it).

3. Document everything in writing. If you and the tenant reach an agreement, have them sign a document specifying the compromise and give them a copy.

4. If there were any co-signors on the lease (like parents of students), they should be held responsible and named in all lawsuits and on all legal papers.

5. Follow the exact rules of your state and city when going through the eviction process. Failure to do so could result in delays or end the eviction process entirely while the tenant continues to not pay you.

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Thank your for your tips.  Right now I have the tenants deposit the rent into a bank account set up specifically for them at the local bank.  I will have to talk to the bank and specify that the tenant can only pay full rent payments.  Every time I post a notice the rent is usually in the account the next day.  Its just a pain driving a 1/2hr to do so.

That is the reason to get rid of this tenant. If a tenant is a inconvenience in any way they are a bad tenant and one you need to unload. There is no reason for a landlord to fix a tenant when there are many good tenants waiting in line. Terminate her before it gets worse.

If a tenant is $10 short, then they haven't paid rent, and you can file eviction for nonpayment of rent.  I'd not renew their lease.  Find out when you have to give notice.  If it's their first year with the housing authority, I think you have to give the tenant 90 days notice.

I'd call the housing authority and tell them you're having trouble with this tenant and you don't want to renew and ask them what you have to do to terminate the agreement.