U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 04-19-2017, 01:31 PM
 
Location: la la land
27,230 posts, read 11,383,600 times
Reputation: 19290

Advertisements

My son had a landlord who would claim his rent was late then the check would show up as being cleared on the date it was due. My son got tired of what seemed like a big game and began sending the landlord his rent via paypal, he never was accused of not sending it on time after that
Reply With Quote Quick reply to this message

 
Old 04-19-2017, 02:44 PM
 
Location: BNA
459 posts, read 229,066 times
Reputation: 1133
Quote:
Originally Posted by amfjdno View Post
Hi all.

I've lived in the same unit for about a year and never had a late rent check. The landlord doesn't live in the building, so every month we have to mail the check to her. It has to be there by the 1st of the month; after that we are charged $25/day in late fees.

On March 25, I put my rent check in the mail. I took a picture of it beforehand for personal records. But, I sent it through normal mail (no tracking number or anything).

This evening, April 18, I texted the handyman about a broken smoke alarm. In the course of the conversation, he said "the landlord mentioned to me yesterday that you didn't pay your rent this month, is everything ok?" I was totally shocked - somehow, it must have gotten lost in the mail, or been misplaced at the landlord's office - because I definitely mailed it, and have the date-stamped picture of it in my postal box.

The landlord has not attempted to contact me about this - no letters, emails, phone calls... nothing! If she had, I would have sent another one immediately. Now, I'm looking at $475 in late fees, and would have been even more if I hadn't had the chance conversation with the handyman.

So my question is:
1) is there an obligation for the landlord to notify their tenant that the rent was not received before they start charging late fees?
2) can landlords disclose my payment status to other members of the staff (i.e. the handyman) instead of telling me directly?
3) do I have any grounds to dispute the fee, given that I had no way to know the check didn't make it there, and have a perfect record otherwise?

I live in Missouri, if that helps.

Thanks!
There is usually a maximum late fee that can be charge. You should check into that. And consider using internet bill pay. Usually a landlord (in my experience) will cut you slack if you can show an e-trail with clear intent to pay, even if the check is delayed. This is easy and almost always free to set up through your bank.
Reply With Quote Quick reply to this message
 
Old 04-19-2017, 03:32 PM
 
Location: Boise, ID
8,011 posts, read 22,532,873 times
Reputation: 9213
Quote:
Originally Posted by oregonwoodsmoke View Post
I do call my tenants if the rent is late, but I don't have very many tenants. If I had 100 tenants and had to make 100 phone calls, I wouldn't do it because it is the tenant's responsibility and the phone call is nothing more than a courtesy.

Incidentily, if I have to make too many calls about late rent, the tenant is asked to leave and play his late rent drama with a different landlord.
Exactly. I have 180 rentals, which means something like 300 phone numbers (spouses, roommates, etc). Our grace period is through the 5th. Most months, on the morning of the 5th, I still have 50 or 60 people who haven't paid. I don't have time to call all those people to remind them to pay. I start calling on the 6th for those who are late, which is still usually 12-15 people. I call that my **** list (a bad word that the forums will bleep out, but rhymes with fit). Most of the time, I have the same 10-12 people every single month on that list and then 2 or 3 that are a surprise because they always pay on time. I call the people who made the list, and if they get me rent that day still, I'll waive the late fees for the surprises, even though they were late, but the people who make the list every month get charged full late fees. And when their lease is up, they either get a big increase or a non-renewal notice.

I'm not a babysitter. In today's technological society, where almost everyone has a smart phone, and practically everyone has at least a desktop computer, that will remind you to pay your rent if you just set it up, there is no reason to forget.
Reply With Quote Quick reply to this message
 
Old 04-19-2017, 03:38 PM
 
Location: Brackenwood
2,691 posts, read 1,020,093 times
Reputation: 5422
The OP didn't forget. And you may not be a babysitter, but if you're charging a ridiculously usurious late fee of $25 per day then you damn well have a responsibility to notify the tenant the rent has not been received rather than just sit back and let the late fees pile up daily.
Reply With Quote Quick reply to this message
 
Old 04-19-2017, 03:55 PM
 
Location: Hammond
215 posts, read 227,827 times
Reputation: 239
^Well right. It sounds like either the landlord or the postal service lost the check. These things happen. And I while it doesn't seem that Missouri has any caps or regulations on late fees if they are outlined in the lease, I don't think this circumstance is fair. I too have had landlords that sometimes take time to cash checks. I would send out payment one week early and sometimes they were cashed before the 1st and sometimes they were cashed as late as the seventh. But if a landlord has this sort of habit, a person could have over $100 in late fees before they might even guess that their rent check wasn't received. The only fool proof method then is to either send certified every time or call the landlord a few days before the end of the month to inquire if the check was received.
Reply With Quote Quick reply to this message
 
Old 04-19-2017, 06:49 PM
 
2,198 posts, read 1,232,313 times
Reputation: 2859
Quote:
Originally Posted by amfjdno View Post
I confirmed with the bank today, the check has not been deposited. But, the landlord doesn't always cash them on the first of the month, so it's not clear to me that signals anything wrong. .
Quote:
Originally Posted by Jenkay View Post
But perhaps in the future you'll make it a habit to check? Even the small local credit unions let you check your balance online.
Even if the OP checked daily, if the landlord doesn't deposit them immediately, it wouldn't stop late fees if the check was reported as not received.

I think it's very unprofessional to let it get to this point without notifying the tenant, and it's unprofessional to talk to other people about it (which is the way the OP found out).

I hope you this straightened out without extra cost.
Reply With Quote Quick reply to this message
 
Old 04-20-2017, 09:24 AM
 
16,512 posts, read 17,561,528 times
Reputation: 23591
Quote:
Originally Posted by Bitey View Post
The OP didn't forget. And you may not be a babysitter, but if you're charging a ridiculously usurious late fee of $25 per day then you damn well have a responsibility to notify the tenant the rent has not been received rather than just sit back and let the late fees pile up daily.

I don't think I could actually look someone in the face and tell them I expect a $25 a day late fee. And yes the LL should of sent a pay/quit notice. Or just pick up the phone and say something. I just call and say Hey Bob I noticed the rent hasn't shown up is there a problem? It's not that hard.
Reply With Quote Quick reply to this message
 
Old 04-20-2017, 11:31 AM
 
Location: Boise, ID
8,011 posts, read 22,532,873 times
Reputation: 9213
Quote:
Originally Posted by Bitey View Post
The OP didn't forget. And you may not be a babysitter, but if you're charging a ridiculously usurious late fee of $25 per day then you damn well have a responsibility to notify the tenant the rent has not been received rather than just sit back and let the late fees pile up daily.
If you read my post, I agree with that. I don't call the tenant's ahead of time to remind them, because that isn't my job, but I do call them the first day that late fees start accruing. It usually takes me about 4 hours to get through everyone who is late, since I call everyone on the lease and either talk to them or leave a message. So it isn't like it's "no big deal to just pick up the phone." It's have a day worth of work for JUST that.

And I charge $10/day. I hate charging late fees, but I hate when the same people make me chase them every single month even more. If I have to call someone 5 or 6 times to get rent 15 days late, and I know I'm going to have to call them again next month, and the next, you bet I'm charging them late fees.

My babysitter comment was meant to respond to the people who said that a landlord should call before the grace period is over and remind tenants to pay on time. I think that is ridiculous.
Reply With Quote Quick reply to this message
 
Old 04-20-2017, 12:04 PM
 
Location: Brackenwood
2,691 posts, read 1,020,093 times
Reputation: 5422
I didn't see any mention of a grace period until your own post.
Reply With Quote Quick reply to this message
 
Old 04-20-2017, 01:21 PM
 
Location: North Idaho
21,011 posts, read 25,807,125 times
Reputation: 39428
I don't charge such a high late fee and I do call my tenants if I don't receive their payments, but I'd like to point this out.

Each person is responsible for seeing that their own bills get paid. It is no one else's responsibility. Your landlord is not your mama or your babysitter.

Adults who function in society pay attention to their bank balance and to their bills.

If I am late on my mortgage, the bank charges me several hundred dollars and they ding my credit. I make darn good and sure, they have received their money on time. They don't call me if my payment doesn't arrive on time, they just charge me the late fee. That's how the real world works..

I've had utility bills not arrive in the mail.. I know what bills I should receive and if I don't receive my bill, I call the utility to ask why I didn't get it. I don't pretend I don't have to pay it because nobody called me or sent me an invoice. (I also pay my utilities a month in advance so that if the bill or my payment do get lost in the mail, I am not late and don't have to pay late fees)

Most bill paying can be done online or over the phone so that you know the bill has been paid on time.

Rent is important. Probably your most important bill. It's not much effort to verify that it has been paid, especially on a rent like that one with such a hefty late fee.

And did the OP call the landlord about it to work something out? Or did the OP only come here to complain about how unfair it all is?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top