Evicting over late rent

[Mark Yuschak]

My wife and I have had a continuous discussion regarding one of our tenants. So, I wanted to see everyone else's thoughts on the topic...

This one tenant is a habitual late-payer. The rent is due on the 1st and we're lucky to see the payment by the 15th. Sometimes as late as the 18th. When the rent is finally received, it does include a late fee...but not 100% of it. The total late fee should be $85, but we get only $50 extra. This has been occuring for well over a year and the tenant has been there over two years. When we used to get the rent closer to the due date the checks would bounce...but we'd get the late fee and the returned check fee. So now it has evolved to paying in the middle of the month and the checks don't bounce.

Everytime I've had to visit the unit to make repairs it's spotless. Great tenant, other than paying late.

While it is frustrating to not have rent on time (and the full late fee), I look at it as an extra $600 of rental income annually.

I'm happy to leave well enough alone, but what would everyone else do? I don't see the point in rocking the boat and having the costs of the vacancy, clean up, advertising for a new tenant, etc.

[Michael Rossi]

Before you all hold hands and sing a happy song, let me say that I do NOT agree.

This tenant is not following your lease. That should trouble you. To what limit will you allow the tenant to go? They're paying late two weeks already. What if they stretch that to 3 weeks? 4 weeks? 6 weeks? What's the limit and how will you decide where the limit is?

Do you allow your other tenants to pay 2 weeks late? If not, why not? Are you discriminating against some of your tenants?

You see, you're going down a very slippery slope. Anytime you don't follow your own lease, you're telling the tenants that you're a weak landlord! What if another tenant wants a pitbull? Your lease says no, but then again, you aren't following the lease.

My suggestion is that you determine what the tenant's problem is. If they really get paid so that they need to pay on the 15th, change the lease to reflect that. Ignoring your own lease is simply setting yourself up for failure!