Landlord Question and Answer Forum

Hello - I placed a tenant January 2013. The tenant was a risk (BAD credit, etc) but took a chance on said tenant. My rent agreement is that Rent is due on the 1st, and after the 3rd calendar late fees of 10% ($240) to be assessed. She has not paid for the month of February (which would be her 1st rent other than initial deposits, rents, etc.). I left her a voice and text message stating I was in the area and I would be able to drive by and collect the rent. No response from her. If she does not pay by tomorrow, what is my next step. Is it a pay or quit notice? Then if she continues non-payment to start the eviction process? Since this is really her first month rent was due payable, I'm ready to get her out sooner than later. Thank you.

Yes…send end her the 3 Day Pay or Quit Notice followed by eviction. If she has the $$$$, only take Cask or Bank Check. On the 3 Day Notice, make sure you DO NOT include late fees. Rent Due only. The late fee can be taken out of the Sec.Dpst or judgement if it goes to Small Claims…..Consider using an agency to deliver Notice. It appears more professional and I believe it also shows you mean business. My contract states that if a Notice must be served, tenant is responsible for cost and $50 Admin (that’s me) fee. Servicing Notice will cost approx $100. Well worth my time and I don’t have to deal with tenant directly. If she is willing to pay in full, have her deliver it to you. No sense in you having to drive to the property……Congrats on taking action immediately. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2012

Posted by Bob R, CA on Saturday, February 2, 2013

I plan to issue her a 3 day notice tomorrow, if it is not paid by today. She is not starting off on the right foot, and I mean business. I need to set the tone so hopefully there will not be further issues. I have a couple other questions... If she does pay rent within the 3 day pay or quit, how do I bill the late payment fee? Invoice? And what happens if she does not pay the late fee? Is that taken out of the security deposit at the end of term? Lastly, if she doesn't pay within 3 days, is my next step hiring a Unlawful Detainer Assistant to start the eviction process? Thank you for your very information message. I can not thank you enough for your time in guiding me with your answers. I am learning so much as I scour the web and talk with so many experienced people. Although I pay it forward in other areas of my life, one day I hope to pay it forward in this genre also.

Posted by Tracey S, CA on Sunday, February 3, 2013

She should pay the full amount to include late payment. However, there is nothing wrong with collecting late fee payments over several months due to the amount. You could also charge reasonable interest. And, put it in writing. The Notice can only ask for rent w/o late fee. However, late fee should be mentioned to tenant either email or phone call. The non paid late fee is a breach of contract. So, you could send another 3 Day Notice to rectify breach. Next step – Small Claims. Keep us updated. It may help others here. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Unfortunately, it is impossible to give comprehensive real estate/tax advice over the internet, no matter how well researched or written. Therefore, it is up to you to become familiar with Fed/State/Local Tax Laws. Also, if you have real questions, you should consult with an attorney or tax professional……Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data. Check out the new $$$$ for 2013

Posted by Bob R, CA on Sunday, February 3, 2013