tenant pay rent late twice , last payment come from someone else

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tenant pay rent late twice , last payment come from someone else

Tina Lee
Member since 2021 · 199 posts · 42 votes

Hi all, my tenant pay rent late twice , last payment come from someone else a guy who is not in lease ( since I let her pay me using zelle account) and I have texted her to reminder her to send me late payment and to ask why my water bill went up twice, got not reply for 2 weeks.


and now is march 5th , i still have got her rent ( which is the due date for rent) usually she pay ment 7 ot 8th with a late fee. should I txt her again today to let her know if she pay late again please send late payment this month and with previous two month and ask her if she is ok, since I haven't hear from her for past 2 weeks, and if i don't hear from her again i will call her reference number to check see if she is ok ( when she applied she had gave me her reference number for her coworkers and I did called back then) am i allowed to call them see if she is ok.

if she still doesnt reply to my text what right do i have to contact her? how should i let her know that I am not renewing lease with her etc?

thank yol.9y

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Tina Lee:

I have to agree with Bob. Landlords tend to communicate too much, too little, or too inconsistently. In your case, it's probably too much and too inconsistent.

Think of how a business communicates with you. They send you an invoice each month to let you know a payment is due. If payment is late, they send you a late notice with a penalty. Most businesses will send a second notice with additional penalties and a warning that you may be sent to collections. Then they send you to collections. That's a total of three communications. No texts. No questions about why you haven't paid yet. No knocking on the door or trying to track someone down at their work. No pleading, yelling, negotiating, etc. It's strictly business.

Here's my process:

1. On the first day of each month, Tenant receives an email that their rent charge is posted and ready to pay.

2. On the 5th day of the month, they receive an email that their balance is not paid in full and a late fee has been posted.

3. On the 10th day of the month, I serve a 3-day Pay or Quit through the Sheriff's office and add another $50 charge to the Tenant's ledger. I use the Sheriff's office so it carries more weight and takes any emotion out of it.

4. If they still haven't paid, I file in court to start the eviction.

During this entire process, I'm not calling. I'm not texting. I'm not begging for payment. I'm not cutting deals or offering to waive late fees or reducing charges in exchange for painting my house or whatever. These people are adults and know rent is due on the first day of the month. Bombarding them with reminders either scares them into going quiet or it angers them into pushing back.

Learn to run like a business and your life will be so much easier.

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  • Bob B.
    Investor · Jasper GA · Member since 2015 · 1k+ posts · 1k+ votes
    4y

    Stop texting her.  The power company does would not text you or plead with you if you did't pay on time. I would send her a pay or quit based on your lease and local landlord laws, outlining the past due amount.  If she doesn't pay I would start an eviction when the time limit is up. I would not ask her to please pay the rent or late charge.  I would also do a inspection to confirm who is actually in the unit.  As far as not renewing the lease, follow the lease and your local laws.  Here, in GA I send a letter at least 30 days in advance, telling the tenant that the lease will not be renewed and include move out instructions.  No need to explain why and be sure to stick to your plan.   Good luck.

    1Reply
  • Rolly Weaver
    Helen, GA · Member since 2015 · 96 posts · 68 votes
    4y

    No more texts...I'd visit the property personally and speak with her.

    For not renewing lease, I'm not sure where you live, but certified mail, a certain period of time before the the end date of the lease is necessary to terminate lease.

    You can always find the info on your state in the government records online, but if still in doubt, it may be worth contacting a local attorney. 

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Tina Lee:

    I have to agree with Bob. Landlords tend to communicate too much, too little, or too inconsistently. In your case, it's probably too much and too inconsistent.

    Think of how a business communicates with you. They send you an invoice each month to let you know a payment is due. If payment is late, they send you a late notice with a penalty. Most businesses will send a second notice with additional penalties and a warning that you may be sent to collections. Then they send you to collections. That's a total of three communications. No texts. No questions about why you haven't paid yet. No knocking on the door or trying to track someone down at their work. No pleading, yelling, negotiating, etc. It's strictly business.

    Here's my process:

    1. On the first day of each month, Tenant receives an email that their rent charge is posted and ready to pay.

    2. On the 5th day of the month, they receive an email that their balance is not paid in full and a late fee has been posted.

    3. On the 10th day of the month, I serve a 3-day Pay or Quit through the Sheriff's office and add another $50 charge to the Tenant's ledger. I use the Sheriff's office so it carries more weight and takes any emotion out of it.

    4. If they still haven't paid, I file in court to start the eviction.

    During this entire process, I'm not calling. I'm not texting. I'm not begging for payment. I'm not cutting deals or offering to waive late fees or reducing charges in exchange for painting my house or whatever. These people are adults and know rent is due on the first day of the month. Bombarding them with reminders either scares them into going quiet or it angers them into pushing back.

    Learn to run like a business and your life will be so much easier.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    3Reply
  • Ishmael Johnson
    New to Real Estate · NY · Member since 2020 · 196 posts · 29 votes
    4y

    @Nathan Gesner how do you serve a pay or quit through a sheriffs office?

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Sent her notice to pay or move.  Then start the process of evicting her if she doesn't pay.  Go to the home and deliver the notice-put it on her door.  Read your laws, if she's not home, you may need to take a photo or have a witness.  If she's home, have her sign a copy.

    Even if she starts paying on time, as her lease comes up for renewal, give her notice that you are not renewing it.  If she is month to month, simply give her notice to move now.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Ishmael Johnson:

    @Nathan Gesner how do you serve a pay or quit through a sheriffs office?


     I have a legal form (developed by my attorney) that I fill out with the charges due. I pay the Sheriff's office $50. They serve it and send me a copy, just like they would a court summons. You could also use a process server, but I like sending someone with a gun and a badge to put a little fear into people.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    0Reply
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