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Old 10-22-2010, 08:07 AM
 
1 posts, read 6,506 times
Reputation: 12
Default Tenant wont pay late fees

I have a tenant who has recently paid their rent late and feels that because it was received after the grace period by one day (paid on the 4th) that I am treating them unfair (regardless of the contract that said it must be paid by 5pm on the 3ed) and is refusing to pay me my 10% late fee. They claim it is not their fault that the mail took so long to be delivered. What can I do? They are telling me they will continue to pay rent but refuse to paid the late fee that is due. Please advise.
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Old 10-22-2010, 08:13 AM
 
15,048 posts, read 18,928,714 times
Reputation: 6170
Take it out of sec. deposit when they move out. Sec. deposit can be used for unpaid fees or rent, if you have given them notice that they owe you fees.

Better keep a tenant that is paying mostly on time...

If it is due to the mail be delivered later than the tenant has to make sure they mail it out earlier. That is not your responsibility, but if you don't check your mail daily that is you duty to do in case you want to charge late fees.

Tenants always blame others...
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Old 10-22-2010, 08:19 AM
 
Location: Tampa
1,318 posts, read 605,669 times
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Personally, I would take the check by hand or direct deposit. they could argue they mailed the check earlier and argue the post mark date proves it. how do they know you didnt check your mailbox for 3 days?

Anyone I know with property that cannot accept the check by hand has a property manager or someone in the area who accepts the check for them.

You could keep tabs on late fees that accrue and deduct it from their security deposit when they move out... then they would have to take you to court and prove that they sent the check on time, essentially taking the burden of proof off of your hands.
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Old 10-22-2010, 08:23 AM
 
15,048 posts, read 18,928,714 times
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^^^never heard of the stamps that usps places on the stamp so you can check dates?

I rather get the checks by mail and mostly we receive them by mail for our property management.
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Old 10-22-2010, 08:46 AM
 
9,084 posts, read 8,490,398 times
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As a landlord, are you going to tell them now that their security deposit is being deducted or will you wait until they're moving out and expect a full deposit returned.
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Old 10-22-2010, 09:14 AM
 
Location: Hernando County, FL
8,490 posts, read 10,386,560 times
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Well unless the tenant has been a pain or has been late with the rent many times before, I personally think that you are just being nitpicking. Mod Cut LanguageIf you can see on the envelope it was mailed before the 3rd and you received it on the 4th less than 24 hours after 5pm on the 3rd then why hassle them. Are you strapped for cash?

Last edited by Ultrarunner; 10-24-2010 at 06:56 PM.. Reason: Edit
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Old 10-22-2010, 09:15 AM
 
1,058 posts, read 1,303,796 times
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I would not spend one iota of energy squabbling over one day past grace. I would thank the tenant for getting the rent to me as soon as they were able and express my hope that they be more timely for the remainder of their stay there.

edit: lolol just read post above me. Not feeling very diplomatic this morning? lololol
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Old 10-22-2010, 09:15 AM
 
Location: Hmmm, let me think.
3,241 posts, read 3,839,793 times
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I have to mail my rent check to the landlord. I send them using Online Bill Pay. When the check is sent, I always do a screen shot that the payment is being sent, email that to him so he know the check was sent before the 1st.

Frankly, if you are having your tenant mail you their rent checks you shouldn't charge them late fees if it was postmarked before the date late fees are to kick in. If you are that concerned about RECEIVING the monies before a specific time you need to set it up so they can direct deposit the monies.

And thanks for the reminder, I need to setup my rent check to be mailed next Friday.
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Old 10-22-2010, 09:28 AM
 
Location: Saint Petersburg, FL
1,881 posts, read 1,677,178 times
Reputation: 16461
Our tenant lost his job and has informed us that he has already found a new one, but he won't be able to pay December's rent until the 17th (he's already paid November's). I have to admit it makes me a little nervous, but he's paid on time and been a fabulous tenant thus far, so I'm willing to let it go one time.

So, I guess it depends on the history your tenant has. Do they always pay on time? Take care of the property? Or is there a history of problems? That would be the deciding factor if it were me.
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Old 10-22-2010, 09:46 AM
 
2,002 posts, read 1,738,796 times
Reputation: 1328
If they have been good, give them a break for God sake! It's only one day, after all. Even those shark banks who are out there to nickle and dime people forgive people once in while. If the post mark support the claim, I would also give them a break. Uncle sam needs the April 15 stamps and that's it.

Where is the common sense, man?
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