5-day letter - Landlord Forum thread

5-day letter by min on February 9, 2012 @17:54

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My renter never pays on time. it's now in Feb, he only paied half for Jan. So I gave him a 5-day letter with both Jan and Feb amount listed. On the lease, it said the rent is DUE on the 1st of each month, but i wouldn't charge late fee until 10th. He ask if he can pay Jan now, and later for Feb? So I want to know when exactly can landlord send 5-day letter? I know most people wait after late fee kicks in. But do I have the legal right to server the 5-day letter within grace period by law since it's DUE on the 1st?

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Re: 5-day letter by Wilton on February 9, 2012 @18:21	[ Reply ]

You have the right to serve your 5 day notice to pay rent or quit at any time when the lease is in default. Today is Feb 9 and he is paying January? Feb is late on the 10th in your lease? Serve your notice in person and by certified mail tomorrow the 11th. I hope you are using a LPA lease or a good landlord lease with built in late fees. Better talk to eviction lawyer for when the tenant ignores the notice! Good luck.

Re: 5-day letter by Jake on February 9, 2012 @20:47	[ Reply ]

Your tenant is an experienced deadbeat who is working you. Slow pay is the path to no pay. When he is three or four months behind he will take off on you.

Re: 5-day letter by OK-LL on February 10, 2012 @00:17	[ Reply ]

To answer your question, YES, you do have the legal right to serve the 5-day p/q notice on the 2nd at (12:01 a.m. or any time thereafter), immediately after the due date, despite the fact that you don't charge a late fee until the 10th. The payment is due on the 1st, late on the 2nd, and penalized on the 10th. Don't confuse the various stages. And for the next lease, you should drop the grace period unless it is required by your state law -- it just serves to confuse the tenant and the tenant will happily pay late as long as it isn't penalized. So if you want your payment on time, no grace period and an immediate penalty (LF) on the 2nd.

Re: 5-day letter by Frank Rizzo (Florida) on February 11, 2012 @13:00	[ Reply ]

In Florida, if you accept anything other than what is specified in the lease, in the eyes of the court you are agreeing to modify the terms of the lease and it may not be considered binding when/if you take the tenant to court. Tenants that play these games are aware that if they can get you to accept partial payment and take no action then they can tell the court that you agreed to let them pay in different terms. Why else would you accept anything other than what is clearly defined in the lease. If someone is late and has been a good tenant, I will collect a check from them for the late fees, make a copy of the check so I have proof that I am following the lease to the letter and then I might 'forget' to deposit the late fee check. That way my lease is binding and if the tenant has always been good, I help them out. However conducting yourself in any manner that does not follow the lease to the letter will only lead to bad things for the landlord.