Short Rent Check
When a tenant gives you less than than the monthly amount (i.e. rent = $900 check = $850), is there wording that you can write on the back of the check that indicates "this is not the full amount but I'm still cashing the check"?
I still accept the payment although the rent is still deliquent. I'm curious why you would hesitate to cash a rent check--no matter how much it is....
I would cash the amount, then send them a 3 day notice for the remainder with the late fee (that hopefully you put in the rental agreement) I do $50.
If they do not pay the difference, start eviction 3 business days (or whatever is acceptable in your state) after you have delivered the 3 day notice. Most tenants will push just to see how much they can push, stop that as soon as you take over a place.
This may sound tough but you should also be extremely responsive to their needs when something breaks, needs yoru attention, etc.
GL
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Thx!!
Ray is absolutely right. Check the law and your lease, but in many cases, accepting a portion of the rent does not constitute full payment of the rent. If your lease is worded appropriately, and maybe even if it's not, you can and should go after the tenant for the remainder of the rent plus the late fees. Of course you should also find out why they haven't paid the remainder of the rent. It seems silly. With rent being $900, to pay all but $50 seems like it's not really willful disregard for the lease. Knowing the reason for this having happened doesn't change the fact that you still need to take action, but it might affect how flexible or not, you're willing to be.
Good luck.
I would send a letter stating that full rent was not received or check with the tenant first to see why. But before make sure there were no ommited repairs that the tenant has reported, because by law a tenant can withhold the portion of money (from the rent) that they used to repair a problem that was the landlords responsibility, even if it constitutes to the whole rent amount or more. So if you go and try to evict you will lose BIG TIME in a situation like this.
On my contract the rent is 100% late if it's not 100% recieved (ie, they pay 100% of the late fees even if they pay 50% of the rent....perhaps that isn't motivation for them to give me part of the rent, but it does help me get all of it at the begining of the month).
Cash the check and give them a "3 day pay or quit" notice. All they have to do is pay $50 and they're good to go. Let's them know that you're serious about it.
you will need to take action that is legal in your area as the others have suggested. if you don't the renters will assume it is "ok" to do so and their payment schedule will only get worse.......kenmax
you need to be vigilant at this point. i have had this happen. they "are" already having fin. problems..........kenmax
Gmack, the repair thing, is that something specific to your state? I have in my lease that no repairs can be done without owners knowledge.
I agree with Hibby on charging 100% of late fee, where people have messed this up is not having a substantial late fee. I took over some duplexes where the lease stated $15 late fee and $1 per day afterwards...that is very little incentive.
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Quote:
On 2004-08-17 08:09, ray_higdon wrote:
Gmack, the repair thing, is that something specific to your state? I have in my lease that no repairs can be done without owners knowledge.
Hey Ray, this is not state specific at all, it is universally across the board. Even though I have this stated in my lease also, in certain situations this is what we call an unenforceable clause. When it comes to possession, quiet enjoyment & habitable environment a tenant has certain rights reguardless what the lease states. The landlord is responsible for repairing conditions that seriously affect the rental unit’s habitability. For less serious repairs, responsibility to make repairs is often determined by the rental agreement. When the landlord has failed to make the repairs within a reasonable amount of time, (Thirty days is often presumed to be reasonable, unless the problem is urgent or makes the rental unit uninhabitable) the tenant can use a remedy in our business we call "Repair & Deduct". This remedy allows a tenant to deduct money from the rent to pay for needed repairs of conditions that are covered by the implied warranty of habitability. But remember the landlord MUST have been notified of the needed repairs and given a reasonable amount of time to correct them before the tenant can do the repairs.
I do not think we disagree at all, as long as the landlord is notified about the problem, I can't just get a check for $200 less than the rent due and then be told "oh we fixed something"
fyi, I once had a renter who sent me a check for $300 less. I called them and they had been doing checks at the same time and put the amount for the car payment. Had a check that same day for the remainder. Sometimes it is just a simple mistake.
The tenant is trying to be slick & not pay the annual increase that is stipulated in the lease. As soon as I find out how to endorse the check which notes that the payment is short I will post back. An attorney mentioned it but I wasn't on the call to hear what he said...ratzh!
The amount that you can charge for late fees is state specific. Oregon I think it is 15% but would have to check my book.
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