Tenants lease expires in 2 days, Now She asks if she can stay

Tenants lease expires in 2 days, Now She asks if she can stay

Member since 2022 · 21 posts · 7 votes

This is my first investment property.  A couple moved in a year ago and signed a yearlong lease.  The first 2 months' rent was paid on time.  By the 3rd month late payments started happening. The couple broke up and the BF left the house and decided he was not going to help his GF with the rent anymore, although they are both on the lease.  He was the only reason they were really able to rent in the first place because of his job and good credit.  She would not have been able to qualify alone.  He has intentionally been making it hard for her financially, and she has 3 children.  They were prior homeowners and sold their house before moving into my rental.

So, throughout the course of the year lease, she was struggling to pay.  She always paid, but she was late by over a month and a week one time.  Sometimes we had to break the payments up in half throughout the months.  We set payment schedules in writing twice, and she had to break our written agreement and ask for another extension.  For the last two months remaining on the lease, I gave her a non-renewal lease termination letter and waived the daily late fees.  I did not want to make it any harder for her.  (For the prior months, I charged daily late fees) I just wanted her to pay the rent price these last two months and be out so I could start looking for a new tenant.

I have been screening tenants for about a month now, and I'm increasing the rent by $75. I have found someone that has great income and can really afford to stay in the home.  He's coming for a second look this week with his daughters this time, on the same day my current tenant is supposed to move out.  I feel really good about him, but of course I need to verify everything first.

Now today, two days before she is supposed move, she sends me a message asking if she can stay and do a month-to-month lease and how things are better for her now with stability and her car situation.  She is very kind and respectful of my home, and to be honest she keeps the home immaculate. She has never tried to dodge me and has always been forthcoming. I have worked with her and compromised but like I said, I get paid, but the rent is always late by weeks and at most, a month and a week.  If she was late by a few days, it would be different and maybe I would reconsider.  I don't know.

Experienced landlords, what would you do in this situation? 

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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
1y

If she's honestly going to do better paying the rent, you could give her a chance.  To make it easier for you (ie less stressful), you may want to break her rent into two payments (ie 1st and 15th).  You can add late fees if you want.  Also if you do it month by month, you can give her notice at anytime.  I'd also check if she's currently on her utility bills (if they are tied to the house rather than the person living there).

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  • Jaycee GreenePro Member
    Real Estate Consultant · St. Louis MSA · Member since 2024 · 3k+ posts · 727 votes
    1y
    Quote from @Cherilyn Williams:

    This is my first investment property.  A couple moved in a year ago and signed a yearlong lease.  The first 2 months' rent was paid on time.  By the 3rd month late payments started happening. The couple broke up and the BF left the house and decided he was not going to help his GF with the rent anymore, although they are both on the lease.  He was the only reason they were really able to rent in the first place because of his job and good credit.  She would not have been able to qualify alone.  He has intentionally been making it hard for her financially, and she has 3 children.  They were prior homeowners and sold their house before moving into my rental.

    So, throughout the course of the year lease, she was struggling to pay.  She always paid, but she was late by over a month and a week one time.  Sometimes we had to break the payments up in half throughout the months.  We set payment schedules in writing twice, and she had to break our written agreement and ask for another extension.  For the last two months remaining on the lease, I gave her a non-renewal lease termination letter and waived the daily late fees.  I did not want to make it any harder for her.  (For the prior months, I charged daily late fees) I just wanted her to pay the rent price these last two months and be out so I could start looking for a new tenant.

    I have been screening tenants for about a month now, and I'm increasing the rent by $75. I have found someone that has great income and can really afford to stay in the home.  He's coming for a second look this week with his daughters this time, on the same day my current tenant is supposed to move out.  I feel really good about him, but of course I need to verify everything first.

    Now today, two days before she is supposed move, she sends me a message asking if she can stay and do a month-to-month lease and how things are better for her now with stability and her car situation.  She is very kind and respectful of my home, and to be honest she keeps the home immaculate. She has never tried to dodge me and has always been forthcoming. I have worked with her and compromised but like I said, I get paid, but the rent is always late by weeks and at most, a month and a week.  If she was late by a few days, it would be different and maybe I would reconsider.  I don't know.

    Experienced landlords, what would you do in this situation? 

    Hi @Cherilyn Williams! As a former landlord myself, I remember dealing with somewhat similar tenants. Assuming you don't have a personal or familial relationship with the current tenant, I would ask if it's worth your time (and mental health) to forgo $75/month AND deal with the multitude of issues with the current tenant. I can only assume these issues with that tenant will continue into the future and could possibly become worse.

  • Member since 2022 · 21 posts · 7 votes
    1y

    Thank you for your opinion.  I totally agree with you.  I asked my adult son and another friend their opinion, and they both said well maybe give her another chance because she keeps the house immaculate, and you never know, you may get someone worse who doesn’t keep the house clean and destroys the place.  But I told them, keeping the house clean doesn’t pay the mortgage every month….

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    1y

    If she's honestly going to do better paying the rent, you could give her a chance.  To make it easier for you (ie less stressful), you may want to break her rent into two payments (ie 1st and 15th).  You can add late fees if you want.  Also if you do it month by month, you can give her notice at anytime.  I'd also check if she's currently on her utility bills (if they are tied to the house rather than the person living there).

    • Member since 2022 · 21 posts · 7 votes
      1y
      Quote from @Theresa Harris:

      If she's honestly going to do better paying the rent, you could give her a chance.  To make it easier for you (ie less stressful), you may want to break her rent into two payments (ie 1st and 15th).  You can add late fees if you want.  Also if you do it month by month, you can give her notice at anytime.  I'd also check if she's currently on her utility bills (if they are tied to the house rather than the person living there).


       Yeah, it's a bad circumstance.  She sent me a message stating that her BF did a number on her and pretty much left her out to suffer.  Although, I sympathize with her situation, their issues should not affect me running my business.  Thank you for your input!

  • Melanie ThomasBusiness Member
    Real Estate Broker · San Antonio · Member since 2022 · 1k+ posts · 490 votes
    1y

    It sounds like you've been more than understanding and accommodating with your current tenant, but it seems that her financial struggles and consistent late payments are creating ongoing issues. Even though she has kept the property in good condition, the core issue remains: a tenant who consistently pays late is not ideal for your long-term goals as an investor.

    In this situation, I would recommend sticking to your original plan and sending a formal notice of non-renewal. It’s important to prioritize your business and financial stability. While she has been respectful and kept the home well-maintained, the late payments are a significant red flag, especially since it’s become a pattern over the course of the lease.

    You’ve found a potential new tenant with the financial stability to meet your needs, and I suggest you proceed with the screening process and hope the timelines work out for their desired move-in date. This will help ensure you're moving forward with someone who is more reliable, and it could be a smoother transition for both parties.

    Good luck & happy investing!

    RentWerx Property Management4.73310 Reviews
    • Member since 2022 · 21 posts · 7 votes
      1y
      Quote from @Melanie Thomas:

      It sounds like you've been more than understanding and accommodating with your current tenant, but it seems that her financial struggles and consistent late payments are creating ongoing issues. Even though she has kept the property in good condition, the core issue remains: a tenant who consistently pays late is not ideal for your long-term goals as an investor.

      In this situation, I would recommend sticking to your original plan and sending a formal notice of non-renewal. It’s important to prioritize your business and financial stability. While she has been respectful and kept the home well-maintained, the late payments are a significant red flag, especially since it’s become a pattern over the course of the lease.

      You’ve found a potential new tenant with the financial stability to meet your needs, and I suggest you proceed with the screening process and hope the timelines work out for their desired move-in date. This will help ensure you're moving forward with someone who is more reliable, and it could be a smoother transition for both parties.

      Good luck & happy investing!


       Thank you for your feedback.  My gut agrees with you.  - I'm learning more and more to keep my emotions out of these decisions and keep it strictly business.

  • Amit PatelBusiness Member
    Property Manager · Bartlett, IL · Member since 2025 · 161 posts · 66 votes
    1y

    In my experience and having a property manager for over 30 years, it seems you have been more than understanding with her. Everyone has problems, and we all go through difficult situations, but we must be responsible when it comes to essential obligations.

    We’ve had cases where tenants explain terrible life situations, make agreements, and always swear they will catch up and never be late again—only to later show up with a brand-new car or other expensive purchases while still behind on rent.

    If a tenant has been struggling to pay rent for almost a year, chances are they will continue to do so, and their situation may get worst. I understand that she takes care of the house, but with proper screening and good references, you can find a more reliable tenant for your property.

    The main question you should ask yourself is: Is this one good quality worth the constant reminders, agreements, and stress every month? In my opinion, the answer is no.

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  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    1y

    @Cherilyn Williams treat this like a business decision!

    Did you know you can require her to qualify all over for the rental?

    Ask her for current YTD paystub and bank statement. 
    - Does she make enough to qualify?

    As you've found out, tenants will ALWAYS pay their car payment over their rent - and the silly industry standard of, "income = 3 x rent" doesn't account for car payments.
    - So, how are you including any car payment in your qualification process?
    We've always used Debt-To-Income Ratio like banks do for mortgages. Suggest you start doing the same:)

    Logical Property Management4.9460 Reviews
  • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    1y

    contact your attorney asap and find out what your legal situation is.  then you will have more information.  honestly someone who takes care of your property is worth a lot 

    could you change the agreement to her paying weekly or biweekly? 

    but first attorney right now  thank you for being a kind landlord   we are rare 

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