Husband and I don't agree on whether or not we charge a late fee for the first time rent is due, let me know what you guys think.
We just had a lady move in on Feb 1st and this March 1st is the first time rent is due on the 1st. We required her to pay us via electronic transfer and have practiced the timing of it with her from her application fee and initial deposit. It takes about 3 days for the rent to deposit into our account from the day she initiates it so if she wanted rent to be paid on time, we should have already seen the first email letting us know she has initiated a deposit. We have not seen that yet so this is why I'm going to guess she is going to be late on her rent.
Today is Sat March.1st and still no email with deposit initiation. In the lease it states rent is due on the first. It's considered late on the 3rd and grounds for default on the 5th. When Monday comes it will be the March 3rd and I was saying if she doesn't pay by Monday night then we charge her the 10% late fee. My husband doesn't agree and says we should give her until Wed, the 5th.
I see his point where he doesn't want to get off on the wrong foot with the tenant since it's the first month of her paying rent and she's an brand new tenant. My point is, the lease says rent is due on the 1st late on the 3rd so I want it either on or before the first like the lease says and what we agreed on. I don't want this to continue happening and set the precedence that we don't enforce what is written in the lease and then have her think this is the way it is and she can do that in the future too with rent or other items. What do you guys think? Is there a way to remind her nicely rent is due on 1st and late on 3rd and we can kick your *** out of the house after the 5th?
Husband thinks first month we should give her more leeway since its the first time she is paying the full amount of rent electronically and then start implementing the 2nd month.
I say we practiced the electronic deposit already and she saw how long it takes for it to clear into our account so she should have her crap in order to pay first month's rent.
Here's the lease wording.
Tenant shall pay to Landlord a lease payment of $1200 per month on the first (1st of each month. Tenant will pay the monthly rent on or before the first day of each month during this Lease. Weekends and holidays do not delay or excuse Tenant’s obligation to timely pay rent.
LATE PAYMENTS. Tenant shall pay a late charge equal to 10% of amount owed for each payment that is not received by the third (3rd) of each month. Failure to pay any installment of rent, or additional fee when due is a default under this Lease.
If not paid within five (5) days after written notice by Landlord of non-payment and of intention to terminate this Lease, the Landlord may terminate this Lease, and unpaid rent for the entire remaining Lease Term shall become immediately due and payable.