Can i text a habitual late tenant following message?

Question

Hi ( her name)

We have been notice habitual late payment in past few years , is extremely time consuming for us to manage this way, we hope you can respect our time moving fwd, We just wanted to let you know continues doing so we will have to issues a 90 days notice of non lease renewal. And let you go.

Tina

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Is this legal to do so. And do you think is a good idea?

Theresa Harris · Answer

When is their lease up for renewal?

I'd simply give them notice that you are not renewing their lease and leave it at that.  Don't put down any reason.

Greg M. · Answer

In that case, I'd take the extra $50 a month and be happy. That's basically $600 a year of free money!

Kevin Sobilo · Answer

@Tina Lee, I agree with @Jaron Walling.

I text friendly reminders each month to tenants around the 1st each month. It isn't time consuming. Tenants who are habitually late pay late fees which compensates me for the hassle and for the lateness.

A late paying tenant is back in good standing as soon as they pay the rent and late fee. So, at that point I have no complaints about them because they are performing to what is required under the lease. Are they the ideal tenant, of course not but in the grand scheme of things paying late (with the late fee) doesn't on its own make them a below average tenant.

If you aren't charging a late fee, charge one. If you're late fee is too cheap, raise it. I have considered raising my late fees on more expensive rentals to dissuade late payments more. I use a flat $50 late fee but on a rental over $1,000 that doesn't seem like enough to dissuade people so I may go to $75 for rents over $1,000.

If tenants were all perfect and in control they wouldn't be tenants they would be owners. So, small hassles like this are just part of managing property.

Paul Smythe · Answer

I mean this in the most respectful way possible, but that's a horrible text to send.

Tony Kim · Answer

Wow, if that's the case, I wouldn't send her anything. But to answer your question, of course it's within your legal rights to send her that text. But keep in mind, you're in NY, which probably isn't as landlord friendly as other states (I could be wrong about that). Also, if you don't have any other issues with her, just count your blessings and just continue sending her monthly reminders.

I send out a lot of texts as well because I like to acknowledge receipt of payment via text. I find that it's easier to send texts by linking it up with your PC (and if you're a Apple user, I'm sure the process is even easier).

Alan Asriants · Answer

Do you implement a late fee policy? I generally have a 5 day grace period and then after that I tack on a 10% late fee.

A habitually late tenant is a sign of other issues. When running their credit report, were they late on other payments?

Enforce a late fee policy and call them to see why they are paying late. Do not renew their lease if they don't correct.

Also, go check out their place and see how they are living. That will help you make some decisions

John Morgan · Answer

@Tina Lee

I’d keep her and use that $50 late fee every month to go out on a date or something. I have a handful of tenants like this. Not a big deal. This is why these people will always be renters. Lol

Jaron Walling · Answer

@Tina Lee You're a landlord and self managing properties. This is what you signed up for. We have a great tenant that constantly pays rent on the 5th, at 10pm. Rent is due on the 1st but they wait until the last second before a late fee is charged. One text message and 10mins later the $$$ show up.

If one or two text messages is too much for you to handle pay a PM company for the responsibilities.

You don't need a specific reason to not renew a lease. If rent is many days late year after year that's entirely different. The "how to adult" training period is over.

Greg M. · Answer

Since we don't know the location of the unit, it is impossible for us to give you any advice as to whether it is legal to send that note.

You've had a tenant that has been "habitually late the past few years" and you're only now getting around to talking to them? Don't blame the tenant, blame yourself. You allowed this to happen.

If you have a late fee listed in the lease, you may be able to charge it. However, after a "few years" of not charging it, you legally may have given up your right to charge it. If you don't have one in the lease, that's your mistake. Fix it on renewal.

I would talk to the tenant and let them know that rent needs to be paid on time. No threats about non-renewal, just a talk. If they don't comply, then you can non-renew, providing the local laws allow that.

And I'm guessing that English isn't your native language. I would suggest that you have a person more familiar with the language proof your important communications before sending them. They could soften the tone and correct grammatical errors that make it hard to read and you'll likely get a better response from the tenant.

Ali L. · Answer

@Tina Lee Apartments.com portal is very user friendly and affordable. I don't know of any credit reporting service.

Can i text a habitual late tenant following message?

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