Tenants claim ADD and needs to pay rent in 2 payments a month????

Question

Hi Everyone.  This is crazy, but we have tenants claiming they have ADD and can't make payment on time, and need to make 2 payments each month for rent.  Lawyer says law will protect people with ADD and we should work with them.  These tenants have been living there for over 3 years.  Keeping giving us sob stories about needing more time to pay rent.  They keeping on getting worst and worst, making payment later and later until it's over a month due, and then they pay, but then they are late for the following month.  We finally gave them a couple of warnings to make payment on time, and since they haven't we are filing eviction paperwork.  Now they claim they have ADD, and need to pay rent in 2 installments.  Is there something we can do? Is this even a thing?  Never said to us they have ADD, and even with that, does not even make sense for them to claim and the state to allow them to do it?  Any advice would be appreciated. Thank you.

John Morgan · Answer

I’ve got 6 tenants that pay me in two payments every month. One guy pays me every Friday. lol. This is why most of these people are life time renters, they can’t manage their money and live their lives paycheck to paycheck. I survive and they are happy.

Greg M. · Answer

I'm not sure if they could make a case that they need to pay in two payments because of some disability. It's possible that they could BS a judge into believing it. However,that is meaningless as having a disability does not allow them to pay rent late. Those two payments better be for 100% the rent and arrive by the due date.

Continue with the eviction.

Kim Huynh · Answer

I don't think they have ADD but claiming it. They use to pay on time, and then late, and then later, and then partial payments.  We allowed them a year to get their working situation together and accepted that they will be late and pay the late fee.  The payment started getting worst and worst with 1st half the payment around the 15th and then the 2nd halft at the end of the month, and then they are late the next month.  That was when we gave them warnings that this is getting extremely delinquent, and they need to get state assistance if they can't pay for rent.  They continue to do it, and we decide enough was enough.  Once we served, they told our lawyer that they have ADD and can only pay in 2 installments.  I would have been ok and not evict them if they pay on the 1st and then on the 15th, but they continue to not care and not communicate and kept on making later and later payments.

James Mc Ree · Answer

I like the suggestions above of 2 payments for rent, 1 on the 15th of the prior month and the 2n on the 1st of the current month. That seems like it would address their ADD. You should ask them how their other creditors handle their payments.

I used to offer 5 or 10 day grace periods such that rent was due on the 1st, but no late fee until 10 days later, then I reduced it to 5. I found some tenants consistently looked at it as rent is not due until the 10th, then would ask for leniency because they were only 1 day late on the 11th. I abolished those grace periods and now tell my tenants the grace period is the week before the 1st.

Calvin Thomas · Answer

It's really not a big deal.  We have these tenants too.  However, you have to weigh the costs of dealing with multiple payments vs the eviction cost.  Additionally, in super lefty Hartford, you may lose and STILL be stuck with a tenant.

As always, consult with a seasoned lawyer.

Nathan Gesner · Answer

Proceed with the eviction. Even disabled people are required to pay their bills.

If they wanted to make two payments a month, they should have brought that up before the eviction. They could easily pay 50% two weeks early, then pay the other 50% on the first so they are always on time.

Alecia Loveless · Answer

@Kim Huynh I have several tenants that pay twice a month and one that pays weekly.

It’s not an ideal situation but for the most part my tenants are otherwise good tenants.

If you want to go to court over this feel free to try.

My suggestion would be to ask them what payment schedule works best for them twice a month and then I’d write it into an addendum to the lease with larger late payments as allowable by your local laws.

And if you give them a grace period on starting the late fees I’d make it 2 or 3 days not the 5 day period that is more standard.

Then if they are late beyond any grace period serve them the appropriate paperwork to start the eviction process.

In New Hampshire where I live there is a 3 strike policy that on the 3rd time in 12 months that you have to go through the paperwork it’s pretty much an automatic eviction.

Theresa Harris · Answer

I've had tenants before who get paid twice a month and found it easier to pay me on the 1st and 15th.  We did that because otherwise they were late and it was a pain.  If the tenants are always late, why are you renewing their lease?

Bill B. · Answer

Great. I’ll accept two payments. As long as I get them both BEFORE the due date. Simply pay 150% of rent now. Then in 2 weeks you can pay 50% of April's rent on March 15th, and the second half April 1st. And so. Otherwise there will be late fees added everytime.

Ps. This is your notice that because of inflation and rising costs, your rent will be increasing $400/mo starting in 30/60/90 days. (Whatever is required by your local market.).

Matthew Becker · Answer

Hartford -  That is a pretty liberal place.  So you could be screwed.  Liberal judges are much more likely not to follow the law than conservative judges.  Your state is probably not landlord-friendly like a red state is.  I lived in Boulder, CO, for years, although the judges were anti-landlord.  They will still enforce the law if someone is ridiculous, and this is.

Does your lease specify late fees and payment dates?  Do you charge late fees every time they pay and send them a ledger?  Do they pay the late fees?   You can go back and charge late fees on every month they were late.  If they pay the rent in two payments and pay you late fees monthly, then maybe just keep them.  I have had tenants do that; one still lives in my place after 10 years.  They pay rent late almost every month.

If a judge considered ADD a handicap, it would be ridiculous but these days everyone is handicap or some quack tells them they are when they are in grade school scaring them for the rest of their life and feeding them pills like the chief from one flew over the cuckoos nest.  But even if someone has no arms and legs, they still have to pay rent on time, or you can charge late fees and evict them.  So the ADD being handicap does not matter.  In summary, property should be sold in liberal states.  You can invest in liberal towns but not in Red states. It is the best of both worlds.  Liberals make friendly cities, and conservatives are pro-business.

You also need a lawyer who is not an idiot.

I suggest giving them three days, going to court, and seeing what happens.   Even if you lose, it will be a great learning experience. But I doubt you will unless you had the same half-wit lawyer write your lease.

Denny Crane Never Lost Never will.

Tenants claim ADD and needs to pay rent in 2 payments a month????

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