late rent : ezLandlordForms

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Deborah B

started a topic almost 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 11 years ago

No you can't do the following: - Turn off utilities - Steal the tenant's mail - Enter whenever you want - Throw the tenant's belongings to the curb If the tenant doesn't pay rent, issue a "pay or quit" notice and if they don't do either, then evict.

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Sherrill L

said about 11 years ago

If my tenant has paid half of the rent for Jan 1 2013 and now its Jan25 2013 late fees have been appllied now and the tenant still has not paid and the rent is due again Feb 1 2013 This is my first time as a landlord so I need so advice on what kind of actions can I take at this point her lease is up in July 2013. She making all kinds of excuses why she do not have the money. In the lease agreement states late fees will apply after the 5th day of 25.00 dollars and ten dollar a day there after. Please give me soon reasonable advice on what to do next. I am new at this. I live in Houston Texas. Thank you Sherrill Levy renee.carter2211@yahoo.com

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Karen S

said about 11 years ago

Sherrill, I would certainly send a late notice. You need to document her non-payment. If the rent is not paid, and you have sent notice, you may want to consider moving forward with an eviction.

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Eric B

said about 11 years ago

I rent twelve units, and every time a tenant falls behind there is always a story, I have done weekly payment plans for monthly tenants to try and recoup late rent but it usually leads to eviction either way. It's best to be the hard ass and just play it by the book, otherwise you end up putting more energy into collection with the same basic results and more frustration.

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T M

said about 11 years ago

Late is late! As a Landlord you HAVE to issue a 5-Notice to Quit as soon as your grace period is up, THEN on the 6th day you may file for eviction. Even if the tenant has promised to pay at a later date, you still must issue the Notice to Quit. This protects you in the long run of eviction court because the Judge may deduct any month from the arrearage due that a Notice is not issued. You may not enter, change locks, withhold mail, discontinue utilities, etc until you have a judgment & then the Judge will usually give them a number of days to vacate. If you issue the notice every time it re-enforces that you've followed not only the law, but your own policies as well so it's a no-brainer for the Judge. Please note that any time I issue the notice, it's by hand-delivery, regular mail AND certified mail and I add these costs to my judgement amount. Remember, it's a business.

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Sherrill L

said about 11 years ago

Thanks for all the imput. Sherrill L.

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Bob R

said about 11 years ago

Yes…send end her the 3 Day Pay or Quit Notice followed by eviction. If she has the $$$$, only take Cask or Bank Check. On the 3 Day Notice, make sure you DO NOT include late fees. Rent Due only. The late fee can be taken out of the Sec.Dpst or judgement if it goes to Small Claims…..Consider using an agency to deliver Notice. It appears more professional and I believe it also shows you mean business. My contract states that if a Notice must be served, tenant is responsible for cost and $50 Admin (that’s me) fee. Servicing Notice will cost approx $100. Well worth my time and I don’t have to deal with tenant directly. If she is willing to pay in full, have her deliver it to you. No sense in you having to drive to the property……Congrats on taking action immediately. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2012

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Tracey S

said about 11 years ago

I plan to issue her a 3 day notice tomorrow, if it is not paid by today. She is not starting off on the right foot, and I mean business. I need to set the tone so hopefully there will not be further issues. I have a couple other questions... If she does pay rent within the 3 day pay or quit, how do I bill the late payment fee? Invoice? And what happens if she does not pay the late fee? Is that taken out of the security deposit at the end of term? Lastly, if she doesn't pay within 3 days, is my next step hiring a Unlawful Detainer Assistant to start the eviction process? Thank you for your very information message. I can not thank you enough for your time in guiding me with your answers. I am learning so much as I scour the web and talk with so many experienced people. Although I pay it forward in other areas of my life, one day I hope to pay it forward in this genre also.

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Bob R

said about 11 years ago

She should pay the full amount to include late payment. However, there is nothing wrong with collecting late fee payments over several months due to the amount. You could also charge reasonable interest. And, put it in writing. The Notice can only ask for rent w/o late fee. However, late fee should be mentioned to tenant either email or phone call. The non paid late fee is a breach of contract. So, you could send another 3 Day Notice to rectify breach. Next step – Small Claims. Keep us updated. It may help others here. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013

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Alice L

said about 11 years ago

I was wondering if it is necessary for me to also send certified mail since I live at the same house as the tenant I am trying to get rid of?

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Richard W

said about 8 years ago

Yes that is stated pretty clearly if it is written as you posted. Do not let the tenant have more than those days to properly instill the professional business side of renting your property.

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Cynthia H

said about 8 years ago

Georgia does not have a law for grace periods, it is up to the landlord. I always state in my leases that rent is due on or before the first. I do have a section about late fees with days very similar to how you have said yours is set up, mainly for my good tenants that are rarely late. Under that I have “There is no grace period for late rent, eviction proceedings may occur.” I go over this with each new tenant and usually have good results.

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Jean B

said over 5 years ago

I have the same problem. I think you have to give them 14 days to pay or move. If they pay, then you can't evict. If they don't pay you need to give them a 30 day notice to move.