Re: Tenant not paying the late fee, then the rent

Re: Tenant not paying the late fee, then the rent by Katiekate (New York) on July 4, 2012 @06:42

I cannot even begin to count the number of times I have had someone threaten to sue me. The threat is nothing more than an attempt to scare you into doing what the tenant wants.

First..I never allow the tenant to direct deposit. It makes life difficult if you have to evict. If you accept partial payment you have to start the process over from the beginning, and the deposit is the acceptance. Stop letting tenants do that!!

Next...always deduct payments from the oldest part of the bill first...so if late fees are owed from last month, those are paid first then any remainder is applied against the rent owed this month..making it the rent that wasn't paid in full.

Finally...sending the crusher letter with a 3 day quit or pay notice will usually straighten out the tenant.

There will not be any harassment charge. It is a ploy to scare you off. If, by some miracle this idiot does try to bring a lawsuit it would be only in small claims..(no lawyer will take such a case)...and you should treat it as entertainment, nothing more.

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Re: Tenant not paying the late fee, then the rent by Anonymous on July 4, 2012 @09:09	[ Reply ]

Thanks for the comments. Do I need to send him another certified letter about eviction, even though I have already handed the letter to his mother-in-law who later transferred the letter to him?

Re: Tenant not paying the late fee, then the rent by Jake on July 4, 2012 @09:36	[ Reply ]

The need for sending another letter will depend on what the first letter said. Send another certified letter saying in a straight forward manner that the rent and late payments are due in 3 days or whatever your state requirement is. Then post the same on the renters door. State that the amount must be paid by cash or money order directly to you to avoid an eviction. Do not be put off another minute. If the rent is not immediately paid, follow with an eviction. Block the tenant's ability to direct deposit or he will begin depositing partial payments to gum up your eviction action.

Re: Tenant not paying the late fee, then the rent by Anonymous on July 4, 2012 @10:17	[ Reply ]

The first letter says "If the delinquent rent is not received in full by July 3, 2012, legal action to enforce your obligations under the rental agreement may be taken.". But the second letter I handed to him on July 3 says "Immediately legal actions shall be taken to have you evicted if you do not pay the above amount in full by noon (12pm) July 6, 2012.". Did I delay the issue by giving him another three days? If I need to send another certified mail on July 5, will I have to delay it even further as the letter will likely not reach him until at least July 6.

Re: Tenant not paying the late fee, then the rent