rent - Landlord Forum thread 321676

rent by sam (oklahoma) on July 23, 2014 @01:10

I have a tenant that their lease is from the 15th to the 15th starting in June. And they paid 1st and deposit (which we did not prorate and are trying to fix now) and now it's past the 15th. Don't they owe for July 15th to august 15th.

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Re: rent by Katiekate (New York) on July 23, 2014 @01:58	[ Reply ]

Of course. Post a quit or pay notice immediately. (It should have been posted on the 16th). I don't understand...what is to pro-rate? You said the rental period is from the 15th to the 15th....so?

Re: rent

Re: rent by OK-LL on July 23, 2014 @09:14	[ Reply ]

Unless the tenant specifically requested to pay rent on the 15th each month, I would have pro-rated the rent to cover only the remainder of the current month (June 23-30) and then had the rent due on the 1st day of each month thereafter, with the p/q notice posted on the 2nd. That's much easier for tenants and you to remember. If you intend to own more than one rental, it will be a nightmare with various due dates throughout the month for the various rental units. Assuming you have already talked to them about their payment being delinquent, you need to post on the door and send certified mail the 5-day p/q notice today for the amount actually due (month rent less June overpayment). If you used the LPA lease or a clause that the late fee would be "added rent", you can include that in your p/q notice as a single amount due. I usually say, "$XXX.XX in accordance with paragraphs X, X and X of the lease agreement", so the tenant can look up the portion of the lease and see that he's being charged the agreed-upon rent plus the late fee as provided in the lease. Remember that in Oklahoma, late fees have to be "reasonable" which is identified as $25-$35 per month, in accordance with case precedent (I learned that one the hard way). Courts here will not allow a daily rate and you'll lose claim to any late fee at all if you try to charge more. Good luck.

Re: rent by Bill on July 23, 2014 @10:31	[ Reply ]

Unless the tenant was always in a hurry to get you the rent you should not be in any particular hurry to get the deposit out.

^ What deposit are you talking about?

Re: ^ What deposit are you talking about?

More of Bill's bad advice.

Re: More of Bill's bad advice.