All Forum Posts by: Sean Peters

Thank you to all who posted.  Each and every one of you gave me excellent input.  Sincerely appreciated and this is truly an excellent forum.

Bryan/Deanna/Jason,

A huge thank you!  All of you have given me valuable information that will allow me to proceed in a proper manner.  I didn't expect such great responses so fast.

With that said, I will take action accordingly and update with results, in case anyone else who has similar issues comes across this post will have the information at hand.

Thanks again!

Roy,

Thanks for your input.  I have spoken with the tenant on the phone and in person, to no avail.

Hello all,

I am currently in a situation where one of our retail property tenants is refusing to acknowledge and pay late fees as stated in the lease. This property is a family property and until recently it was managed by my elderly uncle.  As such, the tenants would regularly take advantage of his kindness and consistently pay late/ take actions that are not in accordance with the lease. 
 

The following is the issue and any/all suggestions will be greatly appreciated:

-Rent is due on the 1st of the month and there is a grace period until the 3rd.

-After the grace period has passed, in the lease it states that there will be a $25 late fee for the following 3 days and a $10 fee per day for each additional day. (When the lease was drawn up, I made sure that the late fee was reasonable as it is not for us to make additional money, just used as a tool to make sure that the rent is paid on time)

-The "Late Fee" section is listed under "RENT" in the lease.  That said, is this considered additional rent? (I ask as if it is, I assume I am able to serve a 3 day notice)

Additional Information

-Tenant is late in paying the rent on time 10 months out of the year

-I have sent out several notices to the tenant with tracking, to have proof that they received the letters.

-Tenant recently painted the exterior of the building without any consent from us.

Any suggestions on how I should proceed and what to do?  Thank you in advance.