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Updated over 4 years ago on . Most recent reply

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Daniel Cisneros
  • Rental Property Investor
  • San Jose, CA
5
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27
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My tenant began struggling to pay rent what should I do to help?

Daniel Cisneros
  • Rental Property Investor
  • San Jose, CA
Posted

One of my tenants just gave the notice they began struggling due to loss of job related to COVID and would like the opportunity to make partial payment and a way to repay later.

Is there any legal forms or document available we should have them signed or should I make my own agreement? The property is in Houston TX. Thank you all for your advise!

Most Popular Reply

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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
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Patricia Steiner
  • Real Estate Broker
  • Hyde Park Tampa, FL
Replied

Refer the tenant to the Housing Authority to see if they qualify for assistance based on their job loss.  I appreciate that the tenant came to you and wants to see if a solution can be found but ask that they exhaust the other venues available to them first - like unemployment and  housing assistance.  If they've been a respectful tenant, you could also deduct the reduction from their security deposit which is permissible in California:

"California Civil Code Section 1950.5 only permits a landlord to use a tenant's security deposit to pay for the costs of: (1) unpaid rent; (2) cleaning the rental unit after you vacate (but only to what it was before you moved in); (3) repairing damage caused by the tenant that goes beyond normal wear and tear; and (4) ...(https://www.yourlegalcorner.co...)

The security deposit could be rebuilt in installments (as it will be deducted to offset reduced rent payments) following re-employment.  This way, you get paid-in-full, their security deposit actually benefits them in time of need, and you can have them repay the security deposit in installments once employment is acquired.

Put it all in writing, everyone signs/dates, and move forward.  Be sure to give them an accounting of the amounts deducted from the security deposit each month and a running balance.  

Hope this gives you another option...


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