Investor · NJ · Member since 2019 · 18 posts · 2 votes
Good Afternoon
We have an issue with current tenant. He is a long term tenant and starting to send rent payments late every month and his lease is up for renewal... If you can recommend a Real Estate Lawyer for advice on this issue.
Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
6y
You don't need an attorney for this. Hey if they want to pay a week late all the time with a late fee I'll take the late fee and go out to dinner. Once its 2 weeks late I just file an eviction and add the fees to what they owe. They learn to pay on time or be evicted.
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
6y
@Susana W., why are you accepting late rent without a penalty to the tenant? You gotta enforce your terms or you are training the tenant to do what they want. Don't be a pushover--train your tenants that their actions or lack of them have consequences.
Real Estate Agent · New York, NY · Member since 2015 · 401 posts · 235 votes
6y
How late are the payments and have you spoken to the tenant about it? Upon renewal you could add late fees but the laws have changed recently. The late fee is capped at the lesser of $50 or 5% of the rent after 5 days late. If you still think you need a landlord/tenant attorney just DM me and I can send you some names.
Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
6y
Nothing wrong with using, or learning from, a lawyer. In fact that is probably the best course, so long as you have the funds to do it. That said, this is the age of information and you can likely find the info you need pretty easy on the net which means, you could save yourself a bundle doing it yourself.
You asked for a lawyer reference for advice. Why not ask BP for advice???
My first (unsolicited) advice is as a landlord, you ought to learn the landlord/tenant laws in your area like yesterday.
My second advice is a long-term tenant that pays is not a bad tenant and not one that should be evicted. Most everyone pays bills late at times. What you do are two things 1) have a late fee and 2) do not delay in serving a 5-day pay or quit. These two things, for the most part, will keep your world in order.
My third piece of advice are month-to-month leases. In my opinion, long-term leases benefit the tenant, not the landlord. Some people think a long-term lease protects them from a tenant that wants to leave after a short time and will cover them from vacancy losses. Maybe. I say it's more likely people will leave when they need to leave and you can't get blood from a stone. The best part about a month-to-month is that you don't have to suffer 11 months of a bad tenant. Also, usually, people tend to stay at least a year, and often longer, because who wants to move all the time? Month-to-month works well for both parties as far as I'm concerned.
As far as serving a non-renewal to a long-term lease holder, this varies by state. In my state (WI), long-term leases automatically convert to month-to-month leases after term unless otherwise agreed. Also, the landlord must provide 60 days notice in the even they are not going to renew.