Landlord Question and Answer Forum

My signed lease indicates the rent is due in advance on/before the 1st. of each month. The rent due date is the date which landlord must receive rent. Rent is to be mailed to landlord at address given. If rent is not received on or before 3 days after the due date, tenant must pay $30.00 late fee, in addition to rental amount. If rent and additional payments are not received in full on/before 7days a late fee of $10.00 per day will be charged. My renter has not paid with-in the 3 day grace period, I sent a letter to her informing her she is late on rent and now owes an extra $30.00. I also reminded her if the full amount has not been received by the 6th day past due, beginning the 7th, she will be charged an extra $10.00 per day. The lease does not exclude week-ends or holidays--rent is due on or before 1st of each month...3 day grace. I have not heard from my renter--either concerning the rental payment and or the past due amount l which I sent to her. In 3 days it will be an additional $10.00 per day if I do not receive the rent. She did however inform my property manager she sent the check out in the post on the 30th of Dec. She also informed my manager that holidays and week-ends do not count. Any suggestions on how to proceed with this situation would be appreciated. Thank-you kindly.

In all fairness Holidays and weekends do not count as post offices do not operate and it would not be fair to hold them accountable. As for the $10 per day check your state law most states and cities do not allow a per day charge rather a percentage to accumulate. You want to be sure you do not charge the wrong amount or you may be the one that owes.

Posted by Susan P, CA on Wednesday, January 7, 2015

I disagree with Susan P. Your renter knows when holidays and weekends are. As a landlord/property manager you are not running a daycare and your tenants are of legal age to sign a contract (I assume) there for they are adults and it is their responsibility to make sure the rent is in on time regardless of weekend or holiday. We as property managers and landlords have to know how to make arrangements around these times and so must the tenants, so holding them accountable to that general knowledge is more than fair. The laws typically state that payment must be "received" by the landlord not in the mail to the landlord, there for you are more than within your rights by law and by contract to charge the late fee's. Also I would not accept the payment without the late fee's included because most states have laws that say when you do accept partial payment you have to start all over on any eviction filings and notices at that point. The choice is yours, I prefer to work with my tenants and "train" them on what is acceptable behavior and what is not. Just like you I have a multi level late payment. Mine is 10% upon being late and $5 per calender day once past five days late. On the first time of them being late beyond the five days they usually ask if I can forget the late payment this one time. I usually negotiate with them and tell them I will forgive the $5 per day charge this one time but they will still owe the 10% if they can pay right now. This give and take usually "trains" the tenant into the right behavior and I still get most of what I am due without much hassle.

Posted by Linda N, IL on Sunday, March 8, 2015