So how would you handle this type of tenant

[Andy Sabisch]

Quick question . . . our leases state that the rent is late if not paid by the 3rd of the month and at 15 days, we will initiate eviction proceedings.  We have one tenant that screened well (talked to the previous landlord and no issues were communicated) who has been in the unit for 5 months now.  The first three were paid promptly and then December rolled around.  No payment by the 3rd, no communication and then we were notified that the tenant had deposited a portion of the rent in our bank account.  We sent another invoice with the late fee and received a text - not a call - saying that their mother had been ill.  We tried calling and no answer.  The rent was finally paid on the 15th.  

Fast forward to January and the issues start all over.  Nothing paid until a portion was deposited on the 6th, no communication, not taking calls and again, paid the rent with late fee on the 15th.

How would you deal with the tenant on the rent payment situation?

Thanks

[Nathan Gesner]

Quote from @Andy Sabisch:

You made the common mistake of setting rules and then failing to enforce them.

Rent was due on the first. Late fee was charged on the 4th. Once the late fee is charged, you should not accept any payment unless it is in full, including late fees, and in certified funds (cash, money order, cashiers check) so you aren't waiting for a check to bounce. When you accept a partial payment, the law sees that as willingness to negotiate a payment plan.

When the 15th arrives and you haven't been paid, you need to abide by the lease and start the eviction. If he says his mother is sick and that he'll pay on the 24th, you still start the eviction. If his Aunt Edie died and he has to fly out for the funderal, you stil start the eviction. You can always stop the eviction process if the Tenant fails to make good on their promise to pay. If you had followed this process, you would already be paid in full or the Tenant would already be gone.

Your meeting is to get to understand the Tenant? The truth is, the Tenant is going to make excuses and promises that aren't worth a wood nickel. You should reiterate the rules and make it clear that from this day forward you intend to stick to the deadlines established in the lease and act accordingly. If the Tenant can't abide by the agreement, they should seek other accommodations.