late rent : ezLandlordForms

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Deborah B

started a topic over 15 years ago

What is the normal charge per day for late rent. Please if any one can help with this thank u I am new to this. / Have a renter that has been late every month for the past 9 months and want to start charging late fees thanks for your input Debbie

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Dawn A

said about 12 years ago

If it's only 2 months I would just go with the late fees. You can always deduct late fees from the security deposit but it's best to get them up front.

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Latonia H

said about 12 years ago

I am now having the same issue with my tenant, the initial due date was the 1st of each month then I gave them an extention since they said they get paid on the 8th of each month I was like okay you due date can be the 10th. They paid on time the first 3mths of their lease and now they have been late every other month. The tenant calls me and wants to know if she can change her due date to 23rd of the month. They have two months left on the lease should I just let them pay the next two months with late fees or just file the eviction documents? GA

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Clark F

said about 12 years ago

I would start the eviction process. In Indiana, the landlord must first inform the tenant of his intent to evict him. This should be done by a written notice delivered to the tenant, containing the following information: -The name of the tenant -The address of the property -The date rent was due, or the violation occurred -The date the landlord intends to begin eviction proceedings This gives the tenant an opportunity to pay the back rent or fix the violation. If the tenant does not do so, the landlord may then proceed to the next step, filing a complaint with the small claims court. A copy of the complaint will be served to the tenant, and will state the date of the court hearing which will decide the case. It is essential to the tenant that he appear at this hearing, because if he does not, the court will automatically evict him. In Indiana, there are two hearings; the first determines whether the tenant should be evicted, and the second will determine what the tenant owes the landlord. After the first hearing, if the tenant was ordered to leave, the sheriff will have authority to forcibly remove the tenant within 42 hours. The landlord will have to arrange this with the Sheriff. After a tenant has been removed, he must appear at a second hearing to determine how much he owes the landlord

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Lynn F

said almost 14 years ago

I would tell them that they have to sign a new lease and there will be an increase in rent including a late fee. You can either put a judgement against them and/or evict them if they do not want to sign a new lease. At the same time I would start lookong for another tenant. $7,000 will be hard to collect but at least a judgement against them will be in place.

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Rachael G

said almost 14 years ago

These tenents are late every month. My husband allowed them to pay part of their rent until they were able to find full employment. The tenants took advantage of the low rent and stayed behind owing $7,000 dollars without my knowledge. My husband recently passed away and now I need to collect this past due rent. Yet, they continue to stay behind in their rent , do not pay a late charge and with the bad economy I need to make the house payment. What should I do? Patty Ca. Jan 4, 2011

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Donna

said about 14 years ago

You can evict them if this is in fact a requirement in the lease. BUT let me ask you this? Do they pay a late charge? How late are they? In times when it is hard to find a tenant, I would weight the benefits to the downfalls of evicting someone who is just late on their rent. Now.....if there are other problems....that would be a different thing. Additionally, cases involving non-payment of rent are fairly cut and dry, but cases for breach of lease, can be mmore complicated and require legal assistance.

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Land L

said over 14 years ago

When it is time to renew I usually send a letter with an outline of check boxes like: Is tenant current on payments? check. Has tenant complied with the lease? check. Is tenant eligible for renewal? check. I also have a spot for rent increase amount. Then I let the tenant sign the renewal yes or no. For you - you can say: tenant current on payments? no. Tenant eligible for renewal? no. Then do a little blurb why you will not be extending for lease. take your amount owed out of the security deposit and hope he leaves willingly and does not leave the place a mess!

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Donald G

said over 14 years ago

You could do a couple of things, tell him you are not renewing his lease and take him to court for what he owes or go to a month to month lease and when he is done paying you give him a notice or take him to court and garnish his wages, How is he going to find a new place if he has a hard time paying you. first last security? You could also tell him get out by a certain time and you will forget what he owes. I wouldn't but you could.

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Sherry A

said over 14 years ago

I have a renter that is behind on rent and is paying me a little extra each week, his lease is up and I don't want to renew it. How do I approach this situation?

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Donald G

said over 14 years ago

It happend to me and let me tell you , nip it early, cause it seldom gets better after 2 months its known people have a hard time paying you back.

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Kj B

said over 15 years ago

The late fee question should be addressed in your lease. If it is not, and you have a written Rental Agreement, you can serve a 30-day notice to change the terms of your rental agreement, and state the new Late Fee parameters. Please be aware that if rent is not paid by the due date, no matter whether you have a grace period or not, then the tenant is in breach of the contract. You can serve a 3-day notice to pay rent or quit, wait the required time period in your state, then proceed to evict the tenant. Check with your local Apartment Owners Assoc. for the specifics for your state. K from CA

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Joan M

said over 15 years ago

Washington had a proposed law a couple of years back that would limit late fees to $50 or 10% of the rent (whichever greater). I am not sure if it passed or not, but it seems to be a safe guideline. Don't forget to check with RCW 59.18 for details on how to give notice, etc

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I J

said over 15 years ago

Typically in a lease, late fees are explicitly stated. Some start at $25 after 5 days (or whatever your state law allows) and some as high as $75. Others start with a flat fee and add more per day, here is one such example: "If rent is received more than three (3) days after the due date, the Tenant will pay an initial late charge of $25.00. Each additional day the rent remains unpaid after the 5th day, a $ 5.00 charge will be incurred"