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Updated over 6 years ago on . Most recent reply

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Bryan Findlay
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Tenant "short on rent by $75" what to do???

Bryan Findlay
Posted

I own a rental in CA, and current tenants have lived there for about 3 months.  Rent is due on the first of each month. The lease states the rent is due on the first of each month and will be deemed late any time past.  There is a late fee charge per the lease.]

Tenant sent me  a text this morning (2nd) and said, "Just wanted to let you know, we deposited the rent, except we are $75 short on rent this month due to something unexpected that happened. We will pay the rest of the rent on Friday and the late fee."  

3 weeks ago for whatever it's worth, a neighbor called to inform me the tenants are partying and disturbing her peace.  She was advised of her options but nonetheless, I am seeing a pattern and want to nip it in the butt now.

With that said, should I do the 3 day pay or quit form that will also set the standard for future incidents?  Or do I acknowledge the tenant and document the incident and call it good assuming she pays the late fee?  I am looking for help on how to proceed. Thank you! 

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Late is late it does not matter if it is $1 or $1000.

Serving the pay or quit is how a landlord documents the incident. You simply explain to your tenant that it is your standard business practice to protect yourself and that they should not take it personally. Once it is filed the clock starts ticking and if they do not pay as promised you are not wasting time in the event it leads to a eviction.

A landlord should teach their tenants that a pay or quit will always be filed on the second of the month every time in the event rent is not paid in full by midnight on the 1st.

Standard business practice nothing more.

You have a bad tenant:

 You will need to teach this tenant that "something unexpected" is not justification for non payment of rent and that nothing takes priority over paying rent in full and on time. Unless you want to live with ongoing late payments you will need to train this tenant immediately and explain that you will evict if there is a repeat incident.

One late/partial payment is your tenants fault, a second late payment is the landlords fault. 

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