Rent 11 days late, what should i do ?

Member since 2020 · 14 posts · 14 votes

My tenant always pays rent late but usually before the 4th. This month the tenant still has not paid rent or reached out & today’s the 11th. I already informed the tenant that there will be a late fee than she told me that she was out of the country until the 14th. That was false because i live downstairs and i have seen her come in and out of the apartment on my camera.This is the first time this has happened and i want to avoid this from happening again, my tenants don’t know me as the landlord i act as the middle man/property manager What should i do ?

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Joe SplitrockPro Member

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Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes

Originally posted by @Rashee D.:

You are getting mucked down in unimportant details. It doesn't matter if she is in the country or not. Rent is due on the 1st and it is the 11th, so it is 10 days late. Consult a local attorney. Serve her with a pay or quit notice, which is the first step towards eviction. Use a process server. They will try to serve in person, but they can also post on the door and sign an affidavit of delivery. If necessary, proceed to eviction. In the future, you want to post notice sooner.

Don't listen to excuses and try to untangle truth from fiction. I would also advise that you disclose to tenants that you are the owner and landlord/manager of the property. Hiding that from tenants is a big mistake and comes back to bite you later. If you end up in eviction court, your name is listed on there as the owner. How do you expect honesty from your tenant if you are not being honest with them?

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Rashee D.
OP
Member since 2020 · 14 posts · 14 votes
4y
Y
1 Reply
Joe VilleneuvePro Member
Plymouth, MI · Member since 2013 · 13k+ posts · 19k+ votes
4y
Start eviction proceedings. Should have done this long ago if they are always late.
14 Reply
Account Closed
Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
4y
@Rashee D. You should follow your lease. Send the proper notices, charge the appropriate fees, and move on.
Maybe do a little research here on BP, as this isn’t the first time this question has been asked.
14 Reply
Account Closed
Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes
4y
@Rashee D. Also you need to understand what “late” means according to your lease. Rent is obviously due on the 1st, but late fees don’t usually start until the 6th. So it’s not technically late until the 6th.
This grace period can vary, so you should read and understand your lease.
3 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
You should start the eviction process. Most renters will get back on track as soon as they know you're serious. Hire an attorney that knows what they're doing and get the ball rolling immediately. You're close enough to the 14th that you may consider waiting until then to see if she pays, but I wouldn't because she's obviously lying.
You really need to educate yourself on how to be a Landlord. Build some policies into your lease and follow them. If you set rules in your lease but don't enforce them, then the Tenant will see that and assume they don't need to follow any of the rules. You're just setting yourself up for failure.
Regardless of what happens, you need to get rid of this tenant when the opportunity presents itself. Don't ever keep someone that blatantly lies or regularly pays rent late.
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13 Reply
Jaclyn Cox
Property Manager · Orlando, FL · Member since 2021 · 2 posts · 2 votes
4y
Follow the lease, but definitely charge the appropriate late fees in accordance to. Send out and post the legal notices and when they expire file for eviction. If not already, in the meantime call, text, email etc. repeat.
2 Reply
Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
4y
@Rashee D.

She crossed the red line and lied. I agree with @Nathan Gesner here. Start the process of getting rid of her. It's going to cost you money and be a learning experience for you, but you should go through it and get it over with as soon as possible.
3 Reply
Rashee D.
OP
Member since 2020 · 14 posts · 14 votes
4y
@Nathan G. Thank you & yes i do. This is my only property and i purchased it this year. Do you have any recommendations on how to best educate myself ? Books ? Videos ? Anything
1 Reply
Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
4y
Originally posted by @Rashee D.:
Do you have any recommendations on how to best educate myself ? Books ? Videos ? Anything

This forum is as good as anything and better than most......
2 Reply
Joyce Hall
SFR Investor · San Jose, CA · Member since 2012 · 26 posts · 16 votes
4y
I had the same issue and eventually hired a property manager. Best money ever spent. He posted the 3-day notice to evict every single time the rent was late.

They eventually turned into awesome tenants once they knew we were serious and took great care of the property. I can't say the same thing is going to happen with your tenant.
9 Reply
Ian WalshBusiness Member
Lender · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
4y
I would stick to the lease
1 Reply
Wale LawalBusiness Member
Real Estate Broker · Houston | Dallas | Austin, TX · Member since 2018 · 5k+ posts · 2k+ votes
4y
Follow the lease and start the eviction process. Lease is the contact and should be treated as one.
I recommend reading: The Book on Managing Rental Properties
You are more than welcome to reach out if you have any questions.

Good Luck!
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
4y
If they are always late, charge them a fee but after a while it gets tedious. I'd serve them eviction especially as she lied.
1 Reply
Billy DavidsonPro Member
Real Estate Agent · Ventura, CA (Ventura) · Member since 2021 · 46 posts · 17 votes
4y
@Rashee D. I would let the tenant know that you are starting the eviction proceedings. If they don't pay the rent plus the late fees (found in your lease), then I would proceed. If they want to continue the lease, I would put in writing the terms of what you negotiated. This is a business so treat it like a business. If you don't want to do the eviction process, then I would do cash for keys.
Cash for keys will allow you to get the unit back and then do a better screening process this time through. Finding a good tenant is key so these issues don't pop up.
A question I have is: how long has this tenant been a tenant? If it's been a while is it worth losing this tenantship due to one rent? If it's been short, then I would suggest cash for keys... get them out, and move on to find a better tenant.
1 Reply
Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
4y
Originally posted by @Rashee D.:
My tenant always pays rent late but usually before the 4th. This month the tenant still has not paid rent or reached out & today’s the 11th. I already informed the tenant that there will be a late fee than she told me that she was out of the country until the 14th. That was false because i live downstairs and i have seen her come in and out of the apartment on my camera.This is the first time this has happened and i want to avoid this from happening again, my tenants don’t know me as the landlord i act as the middle man/property manager What should i do ?

You are getting mucked down in unimportant details. It doesn't matter if she is in the country or not. Rent is due on the 1st and it is the 11th, so it is 10 days late. Consult a local attorney. Serve her with a pay or quit notice, which is the first step towards eviction. Use a process server. They will try to serve in person, but they can also post on the door and sign an affidavit of delivery. If necessary, proceed to eviction. In the future, you want to post notice sooner.
Don't listen to excuses and try to untangle truth from fiction. I would also advise that you disclose to tenants that you are the owner and landlord/manager of the property. Hiding that from tenants is a big mistake and comes back to bite you later. If you end up in eviction court, your name is listed on there as the owner. How do you expect honesty from your tenant if you are not being honest with them?
17 Reply
Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Originally posted by @Rashee D.:
@Nathan G. Thank you & yes i do. This is my only property and i purchased it this year. Do you have any recommendations on how to best educate myself ? Books ? Videos ? Anything

Brandon wrote a good book about managing rentals. It's in the Biggerpockets bookstore at the top of your screen. Biggerpockets also sells a Landlord Package that includes a lease and several other forms, specific to your state, written by actual investors, and attorney approved. I recommend buying that package to ensure you have a solid lease that matches the techniques taught on BP.
My favorite book is "Every Landlord's Legal Guide" by NOLO. You can find it on Amazon or nolo.com website. It is full of practical advice for just about every aspect of managing a rental and tells you exactly what your state-specific laws say and where to find them yourself. This is an excellent resource for anyone. They have one book that covers 49 states and then a specific book that covers the People's Republik of Kalifornia. Be sure to buy the appropriate version and for the current year.

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3 Reply
Rodney Dunn
Investor · Atlanta, GA · Member since 2021 · 4 posts · 3 votes
4y
Start eviction process that will get the tenant to pay or you will get your property back.
3 Reply
Rashee D.
OP
Member since 2020 · 14 posts · 14 votes
4y
@Joe Splitrock thank you that was very helpful & yes they was a mistake. A mentor of mine suggested i do that but i will not anymore.
2 Reply
Rashee D.
OP
Member since 2020 · 14 posts · 14 votes
4y
@Billy Davidson tenant had been in the unit for 6 months now.
1 Reply
Billy DavidsonPro Member
Real Estate Agent · Ventura, CA (Ventura) · Member since 2021 · 46 posts · 17 votes
4y
@Rashee D. Yes, I would either move forward with telling the tenant you are moving forward with the eviction process. If they pay in full and pay all late fees as well then try it again... if they do not pay, then you can move forward with the eviction process or do cash for keys and screen better this time. Screening is key to finding a good tenant. Keep us posted on what happens and what route you take.
1 Reply
Chris Pasternak
Real Estate Broker · Pueblo, CO · Member since 2013 · 368 posts · 303 votes
4y
16 posts in someone finally calls him on lying to the tenant meanwhile he whined about the tenant lying to him. Love these forums.
2 Reply
Rashee D.
OP
Member since 2020 · 14 posts · 14 votes
4y
@Chris Pasternak yes it was a mistake my former mentor suggested. It’s all a learning process that’s why I’m here. This is my 1st property.
1 Reply
Rashee D.
OP
Member since 2020 · 14 posts · 14 votes
4y
@Chris Pasternak I’m 24 years old and my tenant is in they’re late 30s So he suggested i play middle man because people don’t usually show the same respect to younger land lords. But it won’t happen again you’re right.
1 Reply
Casey Caton
Investor · Member since 2017 · 69 posts · 65 votes
4y
@Rashee D. Have you been enforcing the late fees? That's usually the best way from the beginning to keep everything under control. If that's not been the case, you've got to keep it all going according to the lease. The lease is your best friend if it was well-written. Every time I get a chance - I blame the lease to get stuff done. It helps everyone not blame the landlord because your just following the rules.
2 Reply
Cody L.
Rental Property Investor · San Diego, CA · Member since 2013 · 3k+ posts · 4k+ votes
4y
Originally posted by @Rashee D.:
My tenant always pays rent late but usually before the 4th. This month the tenant still has not paid rent or reached out & today’s the 11th. I already informed the tenant that there will be a late fee than she told me that she was out of the country until the 14th. That was false because i live downstairs and i have seen her come in and out of the apartment on my camera.This is the first time this has happened and i want to avoid this from happening again, my tenants don’t know me as the landlord i act as the middle man/property manager What should i do ?

We do the same thing, 100% of the time: Late notice on the 3rd. Eviction filed on the 6th.
It could be the 5th, and someone could swear that in 2 days they're going to pay in full, so can we just wait a few days to evict.

Nope. We always file if someone hasn't paid. Now, if someone wants us to delay and gives us a promise to pay and then pays ~1/2 the rent we'll give them a few days. But if someone just doesn't pay a thing? 100% of the time you need to evict because almost 100% of the time they're not going to pay.
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