This was one of the first things I had to learn to deal with. I bought a property that had tenants that had been allowed to prioritize other things higher than rent. My lease does allow for a three day grace period before eviction actions will be started.
In Ohio, If you are going to insist that a tenant who has been allowed to pay late start paying on time, you have to first send a letter that says, "Regardless of what has been permitted in the past from now on you must pay on time..."
While a tenant is in default on the fourth day after rent is due according to the terms of my lease, I realized that I did not want to start eviction proceeding the first time a tenant is four days late. So I wrote a policy that encourages tenants to pay on time but does allow me to be flexible. I think it's a fairly generous policy but it limits my losses to 15 days rent before filing and it gets rid of habitual late payers that can't/won't get with the program. I allow a maximum of
- four late payments per year,
- 3 late payments in a row,
- two late payment per year greater than 7 days late ( and less than 15 days late).
I keep track of lates in a spreadsheet. I do not count lates paid on or before the 3rd IF THE TENANT notifies me on or before the 1st that he'll pay on or before the third. I do wave the late fee the first time a tenant is late (but I make it crystal clear that this is a one time waiver)
I discount my late fee by 50% if a tenant notifies me on or before the first and pays th 4th- 7th as agreed. (lates still count)
When a tenant cannot pay on or before the 7th, I quit or pay on the 8th UNLESS the tenant gets on a payment plan. For a payment plan I calculate the daily rent and require that the tenant pay the late fee and enough daily rent to stay current through his next scheduled payment . Any failure to make an agreed payment results in an immediate quit or pay the next day.
Once a tenant has used the maximum permitted lates, tenants on a lease can stay if they sign a month-2-month agreement as long as they pay on time for the remainder of the year, and monthly tenants get a letter stating that their monthly rental agreement will not be extended (they will get a 30 day notice to vacate) the next time they are late. This policy has allowed me to be
- consistent when dealing with late pays,
- flexible enough to work with good tenants that have the occasional problem,
- it encourages good communication with late fee discounts (I send out a letter saying next time you can save money if you let me know in advance...)
- discourages habitual lates (tenants save lates for 'emergencies')
- limits my losses (at most I'm out 15 days rent before I file for eviction)
I'm probably going to add a fee for the delivery of quit or pay notices in all future rental agreements.