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Old 04-05-2012, 08:33 PM
 
Location: Orange County, Hell
114 posts, read 289,849 times
Reputation: 96
Quote:
Originally Posted by STT Resident View Post
Lighten up, singularity! Just tell the tenant that you appreciate what a good one he is and that you'll waive the late fee this time but just a reminder that rent is due on the first. Good grief, you're making a Federal case about a little thing like this when by your own admission the tenant has been a good one for several years now. Don't sweat the petty stuff.
It always starts off that way. Then the tenant learns that the landlord has a weak spot and will exploit it as much as he can. Tenant needs to learn that he signed a legal contract, and there's no leniency in that.
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Old 04-05-2012, 08:41 PM
 
Location: NJ
17,580 posts, read 19,955,756 times
Reputation: 15381
Quote:
Originally Posted by VinoRepublic View Post
It always starts off that way. Then the tenant learns that the landlord has a weak spot and will exploit it as much as he can. Tenant needs to learn that he signed a legal contract, and there's no leniency in that.
Does it really start of that way? Tenants that for years have not had one single late payment will all of a sudden discover the "weak spot" and start taking advantage of it?

Personally I would think maintaining a good relationship with a good tenant is worth the "risk" of letting it go one time.
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Old 04-05-2012, 08:41 PM
 
Location: Orange County, Hell
114 posts, read 289,849 times
Reputation: 96
Quote:
Originally Posted by SCDQ View Post
I was in the same situation a few months ago...long time tenant, never late with rent before, responsible, clean, quiet, etc but he just lost track of time.

After speaking with him by phone, he was aghast that he missed the rent due date. In terms of MY documentation, I told him I would have to serve him with a Pay or Quit notice, and then I told him I would give him a one time, and one time only waiver of the late fee, and would follow up our conversation with a notice of such. He got me the rent that same day, but to do a CYA, a notice was in my best interest. I did serve him with a Pay or Quit on Dec. 3, the first day that the rent is considered late.

Here's what my notice about the waiver said, maybe it will be helpful to you:

Your rent for December 2011 was not received on December 1, 2011 or December 2, 2011 and was subsequently considered late on December 3, 2011.

As per our discussion by phone on Saturday, December 3, 2011, you will have a one time, and one time only, waiver of the late fee.

This “one time and one time only” waiver does not, in any way, change the terms of the rental agreement regarding late fees or any other terms in the rental agreement.

Thank you.
This notice was served by the Landlord(s) in the following manner on December 5, 2011:
(✔) by leaving this taped to the mailbox or taped to the outside of the front door frame.
That is a perfect way to handle it. I would have preferred to have both parties involved sign and date the document, and give the tenant a copy of it.
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Old 04-06-2012, 12:55 AM
 
Location: Texas
18 posts, read 60,654 times
Reputation: 11
Well of course the response is too heavy for the tenant if he had been a good tenant until now. In such cases due care should be taken. Don't skip the process at all but you should talk to the tenant about the problem and try to inquire about the issue. I think one should not loose good tenants because they are assets to your rental properties.
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Old 04-06-2012, 05:34 AM
 
Location: St Thomas, US Virgin Islands
21,638 posts, read 25,212,126 times
Reputation: 22321
Quote:
Originally Posted by SCDQ View Post
I always find it good judgement to follow the law, be appropriate and professional in my contacts with tenants, attempt to communicate as clearly as possible, and to document everything relative to renting properties.

In a case such as this you don't need a pompous, clause-quoting, quasi-legal and lengthy epistle to get the message across. A simply worded reminder is perfectly adequate unless you want to really upset someone who has been a very good tenant for many years.

Perhaps you don't realize that your post may read as deliberately insulting, and this, in turn, reflects badly upon you.
If you read my post as "deliberately insulting" then that's truly very unfortunate. The OP asked for an opinion and I gave mine whether you like its delivery or not.


Quote:
Originally Posted by VinoRepublic View Post
It always starts off that way. Then the tenant learns that the landlord has a weak spot and will exploit it as much as he can. Tenant needs to learn that he signed a legal contract, and there's no leniency in that.
What do you mean, "it always starts out that way"? What? It's unnecessary to bring in the reserves when the front line is holding firm. Is the tenant two years old that he can't comprehend a simply written nice reminder and "needs to learn"? A uniform and a badge are very often poor accoutrements.
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Old 04-06-2012, 05:58 AM
 
1,376 posts, read 1,647,486 times
Reputation: 1609
If I had lived somewhere for several years and was late with the rent once due to simple negligence, and the landlord came after me with some heavy letter, I would seriously look into moving when my lease was up.
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Old 04-06-2012, 11:58 AM
 
Location: Small town Montana
1,228 posts, read 1,389,760 times
Reputation: 2372
^ That ^

Getting a heavy-hitting letter for being late by a single day, after years of paying on time would make me uncomfortable around my LL. I would very likely think about shopping around for another place when my lease was ending. It would make me wonder what the response would be if I needed to call my LL for a repair or something. No one likes to be scolded like a little kid, particularly if they have stuck by the rules for all this time.
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Old 04-06-2012, 12:04 PM
 
Location: St Thomas, US Virgin Islands
21,638 posts, read 25,212,126 times
Reputation: 22321
Quote:
Originally Posted by LongtimeBravesFan View Post
If I had lived somewhere for several years and was late with the rent once due to simple negligence, and the landlord came after me with some heavy letter, I would seriously look into moving when my lease was up.
Consider yourself repped (that "spreading around" message!) I would feel exactly the same way.
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Old 04-07-2012, 07:33 PM
 
11,422 posts, read 15,133,454 times
Reputation: 3275
jeez. the "wife" half of my landlord can be a real ***** on wheels but when i paid 6 days late after the end of the grace period last May(after being here for 6 years with no late payments) she didn't say a word to me(I paid the late fee). In fact when my mom passed away and i had to make 2 trips out of town i informed them i would be a little late. she told me a few days late is no big deal. i haven't been late since. and this lady walks around with an iron fist
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Old 04-09-2012, 01:08 PM
 
4,919 posts, read 10,116,526 times
Reputation: 5746
I still think some of you did not read the post. The OP is using a PM company and that is exactly what they are paying a PMC to do. Not get involved in the emotional and personal aspects of the renters but to act in a straight forward and unemotional way. What the PMC did was maintain the legal rights of the owner and the integrity of the lease payment provisions. For a PMC not to have followed that process is a sure sign of a bad PMC.

What the OP has not addresses and is what some of you are confusing, is the owners action. The owner has every right to have the OMC alter their actions based on owners wishes, but that has to come from the owner, not some feel good reason by the PMC. You don;t hire a PMC to be tenant's nannies, you hire them to take care of the property and protect your legal rights.

As I have said before, should the PMC be notifed by a tennat of a potential late payment, they have an alternative procedure that helps the tenat yet maintain the lease provisions. If a tenat who is a good payer, is late, they have another procedure to contact them, but it will not prevent that later from going out, it only delays it a day or two to get a response and address any special need. Shopuld the PMC fail to act as outlined in their contract, it is grounds for termination of that contract and damages as outlined in the contract. I hire a PMC to act when they need to act and its not for them to play soft shoulder with tenants because thats what leads to many landlord posting their sob stories.
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