Renter Proble!

OK This is the situation. Rent was due on 1st. Tenant called me on 4th and asked if he could be late due to his wife just having a baby. He told me he could pay it on the 19th of April. I told him I would discuss with my wife and let him know. I tryed calling him back on the 5th and got no return phone call. I left message stating that the lease was to be followed and as of the 6th he was late. No other contact with tenant for few more days. I have payment arrangements made so that he transfers the rent from his savings account to my checking account by going to the bank. 19th april comes aorund and he pays the rent to my checking but does not pay the late fees. Do I have a leg to stand on to start eviction process since he did not pay late fee?


Thanks,

Tim H

Comments(11)

  • jam20021st April, 2004

    Well, you gotta couple of options here. If you want an empty house, no payments being made, having to fix it up to get it ready for another tenant in a couple of months, then I'd say, yeah, you have a leg. If you don't want to do all that, then send some flowers, and congratulate them on the new addition to their family... The man called you, let you know what was going on, paid his rent when he said he COULD, what more do you want? But, then, that's just me, I'm a little softhearted sometimes.

  • 8ball00721st April, 2004

    Thanks for the reply. The only reason I am being a hard a_ _ is because I have gotten word from the neighbors within the past couple of days that they have been shooting guns off in the backyard and my ex next door neighbor said that shortly after they moved in his truck stereo system was stolen and that some of the parts led up to the tenants house.

  • DaveT21st April, 2004

    Usually there are municipal ordinances against discharging firearms within the municipal boundaries.

    If this applies, then your tenants have broken the law and perhaps posed a danger to others. Consult your attorney to see if you have sufficient grounds for eviction. Your ex-neighbors may need to testify.

  • curtbixel21st April, 2004

    When is their lease up. If it is soon, perhaps you can save yourself a lot of hassle by simply non-renewing the lease.

  • 8ball00721st April, 2004

    Unfortunately the lease doesn't expire until the end of August.

    Tim

  • JWilliamsProps21st April, 2004

    Remember this is a business. I tend to be soft hearted too. But that can cloud your judgement sometimes and really get you in trouble. I believe that this tenant knew for at least a couple of months that his wife was going to have a baby so he should have been preparing. But of course the best laid plans go awry. You still have set yourself up for future problems. Next month it might be diapers or formula that takes priority over paying you rent. The next is something else ... and so on . Believe me I had a tenant who kept having problems after problems. She always relied on my kind heart to give "just a couple more days". I finally had to stand my ground and make her keep her side of the LEASE AGREEMENT. Eventually she agreed to move out without much of a hassle and I lost about a month's rent in the process but I am better off with the new tenant who ALWAYS pays before the first! Be kind but be firm. Anybody will take advantage of any leeway they can get anytime they can get it. Look at when we usually pay our credit card bills.. tongue laugh

  • InActive_Account21st April, 2004

    If the tenant had the money in a savings account to transfer on the 19th would it not make sense that the money was available on the 1st. Enforce what the lease says,accept no excuses.

  • 8ball00721st April, 2004

    Thanks for all the replies. I agree with the last 2 post. I am firm but fair and when excuses startt they usually don't stop.

    Tim

  • commercialking21st April, 2004

    well I am going to come down firmly on both sides of this issue.

    The tenant called, explained and apologized, cut him some slack.

    The tenant is breaking into the neighbor's truck, call the cops.

    But I'd take the effort to confirm the theft accusation first.

  • alexlev22nd April, 2004

    If the law has been broken, that's a matter for the police. Don't try to do their job or you may find yourself looking at the wrong end of one of those guns.

    That said, the tenant called you. The call doesn't let him off the hook, but as his wife was having their baby, I would vote for leniency this month. But do make sure they pay the late fee.

  • MIKEDEVALL22nd April, 2004

    I to would have tro be a softy in this situation, babies can be expensive!! Ypu should appreciate that they had the descency to call and let you know waht was going on. Just like in business, take care of your people and they will take care of you!!! On the other hand I do agree in sticking to your guns!! Accept NO more EXCUSES from here on out. Babies are a fact of life and you shouldn't have to carry their slack for that!! I would let the lat fees slide and congradulate them, but, at the same time let them know that you are letting this slide and expect no problems in the furure!! grin

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