Late payment lease clause

[Steve Erkens]

Hi, 

  I have a tenant that has been late with their rent for the past 8 months. Same game each month: 10 day notice given on the second of the month and then they pay on the 12th. However, they take good care of the property. Their lease expires soon and I would like to add a clause to a new lease stating that if they are late 2 months in a row they can be evicted. What's your opinion on this?

thanks,

Steve

[Marcia Maynard]

@Steve Erkens Oh, here is an example (from our rental agreement) of clauses pertaining to payment of rent and other payments:

RENT.  Tenant agrees to pay rent in the amount of $___________ per month to Landlord, in advance, for rental of the above premises. Tenant understands that rent is due on the first (1st) day of the calendar month and late on the second (2nd).  In the event the tenancy commences on any day other than the first day of the month, the first month’s rent will be prorated, after which time all rents will be due and payable on the first day of each succeeding calendar month. Tenant understands that Tenant will receive no rent reductions, adjustments or compensation due to repairs or interruptions of service except as provided by law.

LATE FEE.  If rent is not received or postmarked by the fifth (5th) day of the month, a fifty dollar ($50.00) late fee will charged immediately as additional rent for that month.

PAYMENTS.  All payments made by Tenant to Landlord after the tenancy commences, no matter how designated by Tenant, will be applied as follows: first, to any outstanding amounts due for damages/repairs, utilities etc.; second, to any outstanding service charges and fees from prior months; third, to any rent outstanding from prior months; fourth, to any service charges or fees due in the current month; and lastly to the current month’s rent.