When to post notice to vacate

[Eric Brown]

I had new tenants sign a lease on November 1st. At the lease signing meeting, they indicated that they would be setting up automatic Zelle payments to go through a few days before the end of each month for future rent payments. 

Today is December 1st and I haven’t received their rent payment. I emailed them a reminder yesterday and no response. In NC, where the property is located, rent is due on the 1st day of the month and considered late on the 2nd day. Should I post the notice to vacate first thing tomorrow morning if they don’t pay today, or would you recommend giving them a couple more days? Should I call an eviction attorney before I post anything to make sure I’m handling this correctly? This is only my second rental unit and this will be the first time I’ve had someone pay late (if they don’t pay today), so I’m deciding the best way to handle this.

[Nathan Gesner]

@Eric Brown the answer is that you should have a written policy about late rent. Doesn't your lease say anything about late fees? Eviction for non-payment?

You are wrong about North Carolina law. You cannot charge a late fee until the rent is five (5) days late, and there are limits as to how much you should charge: NC Late rent law What if the tenant still doesn't pay? You have laws about when to give notice or start the eviction process. It's important you read the law, understand it, and develop processes to enforce it.

One of my favorite resources is "Every Landlord's Legal Guide" by NOLO. It has a ton of practical advice and links to your current state laws, as well as a great website with additional information. It's well worth the money.