All Forum Posts by: Jae Chang

I don't think your clause on late payments would standup in eviction court.  I have a coupe of recommendations for you:

1.  Send the tenant a Notice To Quit for Non-Payment of Rent on the first day it is late - like the 2nd - for the total amount outstanding which includes unpaid late fees.  Most states allow this action when the rent is late by one day.  It will give your state's term for repayment (mine is 3 days, some are 5) to pay or eviction will begin.  

2.  Do not accept rent after that repayment date.  I am concerned that the court will see her chronic delinquency as being "acceptable" to you since it has been the "norm."  

3.  Manage to your lease.  Don't let this tenant get by with anything.  Schedule an inspection of the property with her.  I have a hunch that you'll find a whole host of maintenance/lease violations when you do so.  I'm not taking about harassing her - but definitely protecting your investment and property from someone who really needs to find more affordable housing.

4.  The other thing you might want to consider is this (keeping in mind that she's not worth all the time she is consuming): Empathically ask her if she needs to find more affordable housing.  Ask her if she has sought rental assistance/grants from the local Housing office that could ease her financial crisis.  Ask her if she needs to break her lease rather than to certainly face eviction if the delinquency continues.  Bottom line: she needs to be happy elsewhere.  You certainly will be.

On a personal note: I don't want late fees...I want/expect to be paid on the 1st.  No exceptions.  It's amazing how many tenants pay their car payments on time because they don't like to walk (repo man doesn't have to go to court before driving away with their car) but they'll pay their rent late.  

I'm sorry you're going through this.  Hope this helps.

Your clause could be improved. I apply all payments to utilities, late fees, and other charges before applying it to rent. That leaves the rent short and justifies eviction.

I havent used them, but I hear Halpern and Lyman are investor friendly:

http://halperinlyman.com/

If you need help with sub2 give me a ring, I've done a lot of them, both with and without attys. 404-886-9318

I chose Partnership Title because of their location, the amount of time they took answering my interview questions, and their responsiveness to emails. They're intown Atlanta so if you're looking for a firm closer to Cumming, search the forums. You might run across one in the Alpharetta/Roswell area. If not, you'll at least have an idea of what to ask when you call.