Tenant Claims Put Cash rent payment in Rent Drop Box

[Cynthia Brooks]

Hello all,

I would appreciate some feedback on this unusual situation concerning my tenant of 3 years. (Background , I own a small 4 family building. I have a rent drop box installed on the inside of the caller door with a mail slot to drop the rent envelope into. It is under surveillance by a camera system. This has been in place for the last 3 years with no problems. Some of the tenants usually drop their rent in cash ( I know..I know but they have other options such as money order, cashier's check, direct deposit they choose not to use).

Recently, I renewed my tenant in 2F lease and increased the rent by 1.25% ( from $960 to $984) effective this month ( July). Rent is due on the 1st of the month with a grace period until the 3rd day of the month, 4 pm EST. On the 3rd day of the month  around 3pm I dropped by the building to check the rent drop box. It was empty. Later in the evening after 4pm I checked the camera to see if tensnt put rent in drop box before 4pm, she had not. I sent the tenant a text followed by written correspondence that rent was due on 1st and was now late, incurring a $50 late fee. The tenant responded back that they had deposited the rent in the box days before. I informed them so had checked the box and there was no rent envelope on it. I asked the tenant for the day and time frame when they deposited the rent. The tenant informed me they deposited the rent in the box on the 3rd the day I checked the box. I  reviewed the video from June 30 - July 6. At that point I suggested  that she contact the police and fill out a report if she was sure she had deposited the rent in the drop box. And informed her the rent was still owed in addition to the late fee and needed to be paid by July 13  (1 week's time).  The tenant sent me a text talking about how they had always paid their rent on time ( not true). Bottom line, I reviewed all the video, there is no where it shows tenant even going to the rent drop box to drop rent off. I have tried to be fair and give tenant every chance but I'm not taking an almost $1k hit on rent. Interested to hear some more experienced opinions on this matter, if you please. Thank you. ( Tenant is a good tenant for the most part. She is one of those who complain about the heat not being enough on the hot days, yet has her patio door open and on the cold days she doesn't say a  word about the heat.)