Late on rent but hasn't moved in yet. How would you handle this situation?

Question

I signed a new tenant that was supposed to move in August 28th. Deposit was paid and lease signed with rent supposed to be paid on day of move in.

A week before move in I get the text that they have been in a car accident and can't move in on the 28th. They are injured and have medical bills etc.

My lease states $50 late fee after 3 days late on rent. Normally if anyone is anymore than 5 days late I am starting the eviction process.

Now I am in the weird position where they haven't paid the rent but also haven't moved in. Their next paycheck is Sept 11th and said they can pay all the fees then but that is 2 weeks after the start of the lease.

How would you handle this? Should I continue with this lease? How do you end the lease on someone that hasn't even moved in yet? Is there anyway I can charge a bigger late fee because of the longer payment delay?

Thanks!

Richard F. · Answer

Was the deposit paid in Good Funds...has the payment actually cleared yet? Do they have keys, and if so, why? There should be no access prior to full payment in good funds.

If you have a good deposit, and they have keys, just issue your standard late notice and follow through per local law. If you do not have good funds, or they have been given access, you still must just follow the law. You cannot force someone to physically move in, OR move out, on your schedule once the signatures are complete.

Does your documentation include "emergency contacts" ? Touch base with them to investigate if tenant not being responsive.