Rent money trickling in. What to do?

Rent money trickling in. What to do?

West Chester , PA · Member since 2017 · 104 posts · 19 votes
I have a young family in my property renting it out currently. It’s a low income home so I don’t expect them to be perfect however I see now that collecting the rent is slowly becoming an issue each month. In the past she was paying it half on the 15th, the rest on the last day. Then I noticed she would send it all on the last day. Then she would send it in the 5 day grace period, and now she sent $900 out of $1,150 and said the rest will be late because things are tight. In our lease we have a $125 late fee if it’s late but I’m worried that imposing that fee will cause them to fall even further behind. How would you handle this? Do you come off as understanding and say this is your one free pass to be late, or put your foot down and slam them with the fee? This is the first time they are officially late on he rent, but we are only about 5 months into the lease.
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Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
7y

What does your rental agreement say? Enforce it. 

Be aware that legal action, vacancy, and turnover cost will set you back a significant amount and being homeless is a dire consequence, so you both have motivation to make this work.

For us, rent is due on the first and late on the second. If it isn't received or postmarked by the fifth, we charge a $50 late fee. We send a "Rent Past Due" letter that explains in clear terms what we expect the tenant to do and what the consequences are for not following the terms of the rental agreement. If the tenant hasn't paid by the 15th of the month, they will be in trouble, as the next month's rent will soon be due. It then becomes an endless struggle. A perpetual game of catch up.

At this juncture, I would recommend you sit down with your tenant and review the terms of the rental agreement. If a tenant can't pay the rent when it's due, then they can't afford to live in the property and it's best to talk with them about a move-out plan. You will be amazed at how suddenly payment of rent becomes more important than buying new shoes or paying for a new transmission for their GMC. The tenant needs to set their priorities right. You have allowed them to stray. Time to right the ship.

We rent to folks on fixed income who need affordable housing.... the low income sector.  We don't expect any less of them than we do of those with higher income. But we do make our rental agreement clear and reasonable for all. I think a $125 late fee is onerous for low income properties. I can see you're reluctant to collect it and you fear the tenant can't afford it. So what use is it?

Find out the root cause of the tenant behavior. Are they unable or unwilling to pay the rent on time.  What would it take for the tenant to turn this around? Does the tenant receive sufficient income to afford to rent your place? Does the tenant receive their income monthly, biweekly, or weekly? From one source or from two or more? By direct deposit or another way?

Be open and honest with the tenant. Obviously, the status quo is not working for you. Find the moxie within you to take action. Hope this helps!

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  • Owen DashnerPro Member
    Lender · Omaha, NE · Member since 2008 · 1k+ posts · 1k+ votes
    7y

    If you aren't firm the first time it happens, they will know they can get away with it again.  Always set the precedent early.  They are choosing to use your rent money for other things, it's your job to enforce your lease to the letter, otherwise it is just a piece of paper with no real consequences.  Blame the lease if it makes you uncomfortable to be the bad guy (and I get it, it's not fun).

  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    7y

    stand your ground impose the late fee and if they are further than 1t days late. Remind them of the rules and that you have to run this as a business.

    If you don't it will keep getting worse and before you know it you will be owed 2 months of rent.

    Tenants will pay who they fear. They know the electric company or water will cut them off for nine payment, they know their car will be reposted if they don't pay. They always have money for cigarettes and their cell phone bill.

    If you appear weak you will be who gets paid last if there is any money left. Don't be weak. Be fair but firm.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    Your policy should be fleshed out, spelled out, and dealt out.

    Rent is due on or before the first day of each month. If all owed amounts are not paid in full by the 5th day of the month, a late fee of $XXX or XX% will be assessed. If all owed amounts are not paid by the 10th day of the month, Landlord shall initiate the eviction in accordance with state law.

    It doesn't have to be complex but write it down and then follow it.

    It doesn't matter if things are tight. It doesn't matter if the late fee causes her to freak out or move out. Hold the line. In the vast majority of cases, they will find a way to get back on track and then they'll stay on track because they know your policy and that you enforce it. If you are wishy-washy, they will be, too.

    The DIY Landlord Book4.7248 Reviews
  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    7y

    What does your rental agreement say? Enforce it. 

    Be aware that legal action, vacancy, and turnover cost will set you back a significant amount and being homeless is a dire consequence, so you both have motivation to make this work.

    For us, rent is due on the first and late on the second. If it isn't received or postmarked by the fifth, we charge a $50 late fee. We send a "Rent Past Due" letter that explains in clear terms what we expect the tenant to do and what the consequences are for not following the terms of the rental agreement. If the tenant hasn't paid by the 15th of the month, they will be in trouble, as the next month's rent will soon be due. It then becomes an endless struggle. A perpetual game of catch up.

    At this juncture, I would recommend you sit down with your tenant and review the terms of the rental agreement. If a tenant can't pay the rent when it's due, then they can't afford to live in the property and it's best to talk with them about a move-out plan. You will be amazed at how suddenly payment of rent becomes more important than buying new shoes or paying for a new transmission for their GMC. The tenant needs to set their priorities right. You have allowed them to stray. Time to right the ship.

    We rent to folks on fixed income who need affordable housing.... the low income sector.  We don't expect any less of them than we do of those with higher income. But we do make our rental agreement clear and reasonable for all. I think a $125 late fee is onerous for low income properties. I can see you're reluctant to collect it and you fear the tenant can't afford it. So what use is it?

    Find out the root cause of the tenant behavior. Are they unable or unwilling to pay the rent on time.  What would it take for the tenant to turn this around? Does the tenant receive sufficient income to afford to rent your place? Does the tenant receive their income monthly, biweekly, or weekly? From one source or from two or more? By direct deposit or another way?

    Be open and honest with the tenant. Obviously, the status quo is not working for you. Find the moxie within you to take action. Hope this helps!

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    7y

    Here's our Rent Past Due letter. It gets results! I rarely need to Pay Rent or Quit notice. I send it on letterhead. It reiterates the terms of our rental agreement. Feel free to modify it for your own needs.

    *****

    Dear _____________________________,

    Your rent is now past due. Please pay your rent promptly so you may continue to live in the unit that you now occupy.

    As per your rental agreement:

    Rent is due on the first (1st) day of the month.

    Rent is late on the second (2nd) day of the month.

    We allow a grace period through the fifth (5th) day of the month to pay your rent without incurring a late fee.

    On the sixth (6th) day of the month we charge a late fee of fifty dollars ($50.00).

    If we do not receive your rent in full in a timely manner, we will serve you with a 3-day legal notice, “Notice to Pay Rent or Quit”. Each time we serve a legal notice, we charge an additional twenty dollars ($20.00) posting fee.

    If you do not follow the terms of the “Notice to Pay Rent or Quit” we may then begin eviction proceedings against you and you will be charged with the crime of “Unlawful Detainer” if a judge upholds our claim.

    The amount of rent now due, as of today’s date _________________, is as follows:

    Current Month Late Fee_______________

    Current Month Rent_______________

    TOTAL DUE_______________

    Time is of the essence. If you have not already posted your rent via the mail, please call us immediately to make arrangements for us to collect the rent in person.

    Thank you for your prompt attention to this matter!

    Sincerely,

    Fischer Properties – Owners

  • Real Estate Broker · Indianapolis, IN · Member since 2014 · 3k+ posts · 2k+ votes
    7y

    You need to re-establish proper expectations. 

    You need to stop collecting partial rent payments. The only people we take partials from is one house where there is 2 couples living together that each cover half. 

    We do work with otherwise good residents once in a 12 month period with regard to waiving their late fee. 

    I would walk them through @Marcia Maynard's comments from above. 

    Is this a resident you placed? Or inherited? We always INSIST and verify that our applicants make atleast 3x our rent. This cuts down on things getting tight and you getting shorted. 

  • Investor · Crystal, MN · Member since 2013 · 486 posts · 277 votes
    7y

    @Vincent Plant

    I agree with everyone here...just one caveat.  In our lease, rent is due on the 1st of them month, and no grace period.  If not paid by midnight on the 1st, we impose an 8% late fee, every time.  

  • West Chester , PA · Member since 2017 · 104 posts · 19 votes
    7y

    Thank you everyone for all the responses. Sure helpful!

  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    7y

    I also communicate with my tenants and try to stop things from snowballing...   Therefore I would talk to her and explain the issue.  Set the conversation up as you trying to help her. "Rent is late and I am worried this will make it hard for you to pay next month - I will let the late fee go this time but will impose it if there is a next time.  If you are having a hard time with the rent payments let me know and we can discuss letting you out of your lease if that is helpful" ...

    Then be sure to read all the tenant/landlord laws in your state/area and abide by them. I always find it easier to let folks out of their lease than fight with them over rent. Then I rerent to a better tenant and raise the rent to boot if possible.

    Also, if it gets to the point of serving notices/eviction, hand it off to a service or an atty. it will ensure you comply with the laws and usually  scares folks into behaving. 

    Good luck.

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    Correct me if I am wrong but your tennat pays her rent on the 15th and the last of the month when rent is actually due on the 1st. This means she has always been a minimum of 15 days late since she has never paid it on the 1st of the month when it is due. Or it is due on the 15th and she never pays the full amount on time, she is now paying all her rent 15 days late at the end of the month.

    Unfortunately when a tenant pays late more than once it is always the landlords fault. By not enforcing your lease you have trained your tenant to pay late. At this point I believe it is too late to save this tenant and you should be looking to get rid of her asap.

    I would be speaking to her and her handlers regarding full payment due on the first without exception beginning immediately. You could impose a fine for late payment but all you will accomplish is to dig yourself into a deeper financial hole. Every attempt to correct the problem will only increase your eventual losses. You are going to lose money on this one and the longer it takes you to get her out the more it will cost. Offer to let her out of the lease and hope she takes you up on to cut your losses.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    7y

    being late now and going into December you can pretty much almost count on this issue not resolving. 

    I am the worst at this.. so I sold all my rentals.. 

  • Michael S.Pro Member
    Rental Property Investor · Richfield Springs, NY · Member since 2014 · 59 posts · 8 votes
    7y

    @Vincent Plant

    This is the fun part of being a landlord. I have been through the same situation many times. From my experience, I was the nice landlord who was understanding and worked with them. It has cost me thousands of dollars and tons of extra stress which I do not need. My advice is to stick to the rules once you deviate from them it gets worse and worse. this situation is  going to get nothing but worse. use it as a learning experience and file the eviction. I have learned it is better to have an empty unit than one that people fall behind on rent, they will never catch up. Everyone in the post is right and sounds like they have been through it. Good luck

  • Asheville, NC · Member since 2017 · 385 posts · 274 votes
    7y

    Never accept partial payment. It will make it much more difficult to evict them from what I understand. 

  • Rental Property Investor · NY · Member since 2018 · 571 posts · 332 votes
    7y

    definitely charge the late fee.  if you don't stand firm the first time, then it becomes "okay" that they are late, and that will be their expectation going forward.  

  • Largo, FL · Member since 2016 · 53 posts · 62 votes
    7y

    Thank you @Marcia Maynard.  That is a great letter!  Thank you for sharing it.

  • Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y
    Money trickling in ? .. let an eviction trickle in
  • Investor · St Augustine, FL · Member since 2016 · 135 posts · 126 votes
    7y

    I went through a similar situation with one of our tenants... and (hopefully) just resolved it. Bottom line is husband & wife and for 6 of the last 10 months rent was late (late enough to generate a late fee). They paid it but I had to continually get on the phone and hound them for rent.

    I went to sit with her a couple weeks ago to see how we might be able to help. Turns out she pays the rent, HE pays the other bills (his income is more sporadic). Where she was having issues was "saving" enough to make the payment... so we worked out a schedule for the next 52 weeks to pay 'every other' week half of the rent (there are a couple of "skips" in here if you sit down with a calendar) when she gets paid. Bringing along a copy of their accounting to show they have paid $600 in late fees puts it in perspective as well. The net is we put it in writing for her, and she is agreeable to paying this way IN ADVANCE, some cases many weeks in advance too!

    As I just implemented it we can only wait to see how this works, however we did setup the ACH transfer in our system (I just switched from Cozy to Rentec Direct) and have begun the process... so money is coming in as scheduled.

    I thought about the eviction route as well (they have been with us for 3 years now - relatively quiet and stable), however in thinking through the costs of just the make-ready its not worth the hassle... new carpet, paint... an month of vacancy. They are at market rent, so I cannot complain there. Its probably worth your investment in an hour or so to spend time and figure out what the issue is. It may be solvable. If not, then you can always turn towards removing the problem (or tenant)... however Id take that as a last course of action - eviction is expensive enough, and you sure dont want the place torn up if they get pi$$ed at you.

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