Landlord Question and Answer Forum

Hello! Iam a new landlord renting my codo. My tennants are always late with their rent and have numerous invented stories as to why their rent is late. They lie every month that the check was mailed and then I never receive it. I have auto debit for my mortgae and this puts me such a financial bind. What are my rights as this is my personal condo, to not renew their one year lease, AND to get my rent on time?

Carol, this form might be useful... Sometimes, the recognition that their credit rating may sustain lasting damage provides all the impetus a past-due tenant needs to settle late rent claims. https://www.ezlandlordforms.com/documents/76/notice_to_report_delinquent_payments/

Posted by Jessica B, MD on Friday, April 13, 2012

Showing a tenant, that is consistently late with their rent and more importantly possible stating that it was mailed only never to have received it, a Form stating that it may affect their credit is a waste of your time. Tenant’s consistent behavior should be a clue the type of renters they are and a letter is not going to solve your problem. It merely allows them to stay longer without payment. You need to show them that their behavior is unacceptable and will not be tolerated. Hire a paralegal (check phone book) to deliver a Pay or Quit Notice to show tenants you mean business. The cost should be less than $50. They will fill out the required forms including the amount of rent due (usually late payments are excluded). In the mean time, look into what you need to do if tenants don’t comply. Hopefully, your lease includes a clause for recovery of expenses for sending them the Notice. Also, the Form that Carol mentioned should be part of your Rental Agreement. This would be the time to notify tenants how not paying rent on time could affect their credit. One last note: every time they are late, send them a Notice and eventually find new tenants. Welcome to the World of Landlording. Good Luck.

Posted by Bob R, CA on Friday, April 13, 2012

First time they are past the window of eviction do it, in the long run it will save you money, time and headaches, if they are this way now they will leave owing you money and more likely than not with an apt in bad condition. We all get some like this. I have 24 places and 1 or 2 take can take up 50% or more of your time when they are like that. Curtis

Posted by Curtis B, IN on Saturday, April 14, 2012

Been there done that as a landlord, you need to send them a Pay or Quit Notice, in Virginia it's a 5 day pay or quit, which means they have 5 days to pay in full rent owed plus late fees. Mail them one copy regular & one copy certified mail return receipt requested. If they don't pay it in 5days then you go to the county courthouse that your rental property is in & fill out a Summons for Unlawful Detainer w/ the clerk. The clerk has the form. Then you will have to pay a fee for court costs, mine was $68 for 2 renters on the lease. Then they will give you a court date to appear, you will send a copy of the summons to the tenants. Go to court w/ the pay or quit notice, copy of the lease & if the tenant does not show in Virginia I had to fill out an Affidavit Default Judgment Servicemembers Civil Relief Act form. That states to your knowledge the defendant (tenant) is not in military service. Which the court assumes could be the reason they do not show (rarely is). Clerk can give you this form too if req'd in PA. If any rent/late fees accrue between the time you file the summons & when you go to court, ask the judge to amend the amount owed to include those charges. If judge agrees w/ the amount owed he/she will grant Writ of Possession which I got a 10 day writ of possession which means tenant has 10 days to move out. If he/she doesn't then I have to go to courthouse to pay fee & file writ of possession & then sheriff's office takes this over & physically removes the tenant from property. Whew! You do not need a lawyer to do this. You can do it all on your own. Just did this myself, I am in the 10 day period now. I am sending out a Pay or Quit to another tenant tomorrow! Good Luck! Betty

Posted by See The Moments, LLC , VA on Sunday, April 15, 2012