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I find that if I issue the pay or quit as early as the law allows, the very first time a tenant is late, it tends to tune them up. It's rare to ever have to issue a second one.
I used to be able to issue a pay or quit on day 5. Law changed so I can't issue until day 7. Still, most tenants don't believe a landlord will file for eviction so quickly and they tend to pay me first after that.
You keep accepting rent late, so the tenants think it is OK to pay late.
Your brother must like the late fees. Late rent gives me stress because a tenant who pays late and has the landlord trained to wait for his rent will quite often never pay their last month. They know they are going to move out and just stall on paying until they are gone.
Incidentally, the common term is "pay or quit", but I suggest to other landlords to issue a pay or be evicted. I want to be paid, not have them pack up and leave without paying because I told them they could quit the premises.
I find that if I issue the pay or quit as early as the law allows, the very first time a tenant is late, it tends to tune them up. It's rare to ever have to issue a second one.
I used to be able to issue a pay or quit on day 5. Law changed so I can't issue until day 7. Still, most tenants don't believe a landlord will file for eviction so quickly and they tend to pay me first after that.
You keep accepting rent late, so the tenants think it is OK to pay late.
Your brother must like the late fees. Late rent gives me stress because a tenant who pays late and has the landlord trained to wait for his rent will quite often never pay their last month. They know they are going to move out and just stall on paying until they are gone.
Fortunately, in this case, the landlord had a double deposit. Hopefully that'll (help) deter a tenant's midnight move.
I manage a rent house in Texas for my brother. I am an experienced Landlord and declined the rental application for this couple last year due to bad credit. They did have good landlord references (take that with a grain of salt!) They begged and offered 2x security deposit. I passed along this request to my brother with the recommendation to continue to decline but he wanted to go ahead with them -- as a young person he had many challenges renting houses. So, we did a month to month lease with 2x normal deposit. October 1st was the first year anniversary of their tenancy at the house.
They take good care of the house, but this month marks the 4th time they are late on the rent. Each time they do pay (about a week late and they include late fees). I previously advised them that this is a pattern we are growing frustrated with and continued issues will result in lease termination. Rent is due on the 1st and October's rent has not been paid. She sent an email on the 1st saying she will be a bit late and will submit on the 4th. Didn't happen.
My brother would prefer NOT to end the lease now due to the possiblity of having an empty house in November and December. I think we should go ahead and EITHER send a formal warning that next time the rent is not paid when due it will be considered a notice to vacate OR go ahead now and give them notice to vacate.
Input from you guys is appreciated...........
You guys are tough.
With my current landlord, I pay my rent late (anywhere from a couple of days to a week) and there is no penalty. I just forget most of the times.
As a matter of fact, I'm paying October rent tmrw, and there won't be any issue. I was more than a week late twice. Once my landlord texted me to remind me and the other time I saw him in the hallway by chance, remembered, and gave him the check.
With some previous landlords, I would pay sometimes a couple of weeks late (again, just irresponsibility) and again, no problems or late fees.
Regardless, no apartment I have ever rented has enforced late fees. And my current building is an LLC.
Don't take this the wrong way, but if I knew your tenants, I'd tell them my experiences and advise them to move to a place that wasn't so draconian with the rent due dates.
With most of my landlords, I pay my rent late (anywhere from a couple of days to a week) and there is no penalty. I just forget most of the times.
As a matter of fact, I'm paying October rent tmrw, and there won't be any issue.
You would seriously consider terminating a tenant because they are one week late on their rent?
Hate to say it but you are not a responsible tenant. If there is an emergency that is one thing, but constantly being late does not show you have respect for paying your bills on time. Plus, when you move out and ask the LL for a reference you may not get one.
Hate to say it but you are not a responsible tenant. If there is an emergency that is one thing, but constantly being late does not show you have respect for paying your bills on time. Plus, when you move out and ask the LL for a reference you may not get one.
It doesn't matter what you say.
My landlords have never cared. And I always pay.
My other bills are not late, because they are all on automatic pay.
And even if they were late, most bills have a grace period of a month before late fees start kicking in.
You really think my landlord is so vindictive that he would give a negative reference because I've been a few days late on my rent without giving me some kind of a warning?
I have lived in this apt complex & I am on Section 8. The 1st 7 years I managed to get 2 Months Ahead on my portion of the rent. Then they sold the place & the Old LL returned my advance payment ... said it would mess up the audit they were going thru for the sale.. REALLY! Since then the New Owners Refuse to take Any advance Payments & TWICE this year I been Late Because of my SSD not coming or the local Banks being closed cause of the Holidays... I hoped they wouldn't hold it against me when the lease was to be renewed... they didn't but told me next time they would! They still refuse to let me or anyone pay a month or 2 in advance!! They even refused to except Credit card grrrr
I didn't read past the first page of posts. You need to either have full authority over this rental, or turn it over to your brother completely. Why put yourself through this stress, when you would not have been in it, if you were allowed to make the decisions?
You obviously know what to do as far as what a landlord should do. As far as your role in this situation with your brother - that's where you need some advice. Time to sever it. Turn it over to bro. Get your own rental that you can control and profit from.
I know about this type of situation first-hand, as I was helping my daughter manage her rental. She second-guessed my decisions, I ran around like a chicken with my head cut off, she criticized everything I was doing while she was busy living her own life and letting me take care of everything....until the day I finally said enough is enough.
She ended up selling that rental. She was just not cut out to be a landlord.
I just don't see what you're getting out of your situation except stress. Time to cut the strings.
Since they do pay, include the late fee, and your brother would rather get late rent than no rent, I'd just keep the status quo. A week late on rent might be an annoyance but it isn't worth getting rid of otherwise decent tenants. Certainly isn't worth a projected two months of no rent. Plus, come on, doesn't this seem just a wee bit petty to you?
Do you not have a grace period? I find a grace period is helpful for young tenants, many can not always manage the 1st of the month for some reason. I simply plan for the rent by the 5th instead of the 1st, when it's due. Most months I am pleasantly surprised when it comes on the 1st anyway.
I'm inclined to go with this. They do pay, + your brother is even getting a bit extra, due to the late fee.
It is not your place, and your brother doesn't seem to have much of a problem with it, so why are you so worried about it? It's his call.
How much is the late fee? You could have raised the fee at renewal, correct? Or is there a limit on late fees in your state and if so, are you at that limit?
If you weigh out the options it sure appears that you are coming out ahead with keeping the tenants instead of spending the money to turn over the apt, advertise, show it, possibly have some down-time on rent coming in and then taking the risk on new tenants that you don't know and aren't familiar with. Even though the current tenants are late a few times by a few days you are definitely coming out ahead with the late fees.
Either have a serious discussion with them and let them know that they can not continue being late (especially if it becomes habitual) or start serving them a 3 day notice when they are late again so that you are covered in case they don't end up paying after the notice.
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