Landlord Question and Answer Forum

I have tenants that have always pay their rent in two parts and late, are they entitled to their deposit????

I have tenants that have always paid their rent in two parts and late, we didn't agree on that but we have been flexible until this month......are they entitled to their deposit????

Posted by mary lourdes g, FL on Tuesday, December 6, 2011

My tenants are always late, never let me know ahead of time that they will be late or when they plan to pay. They tricked me into letting them move in even though when they said they had all the money for deposit, first and last months rent, they didn't have anything but the first months rent! We made an agreement that they would pay a specific amount each month until the full amount was paid in full, long story short is that they never paid 1 cent on that agreement and it is now 19 months since they moved in! I'm constantly worried that they aren't going to pay! Well, that has finally happened, today they owe for Nov and Dec rent and have never paid for the last months rent so they are living there free but I am not able to make the house payments without their paying the rent! Now what? I've started eviction procress,sent 72 hour notice to pay or be evicted, now I have to wait until Dec 9th! Just what I need at Christmas, no money again!

Posted by Sue S, WA on Tuesday, December 6, 2011

Stick to the eviction process. Do not waver one bit. It will pay off. Do not be flexible at all.

Posted by Nancy R, GA on Tuesday, December 6, 2011

To Mary in Florida. The deposit is seperate from rent and can only be used for damages. It can not be used as a punishment for paying late. You can charge a late fee if it is in your contract. You do have to give them the deposit if they are all paid up. But you do not have to give it to them until they are paid up completely.

Posted by Nancy R, GA on Tuesday, December 6, 2011

From my experience never give a break or it will bite you. It seems that tenants think they deserve everything.. Start the process as soon as they are late, the bank is not going to forgive you so why forgive the tenants.

Posted by Daniel P, FL on Tuesday, December 6, 2011

I have tenants that also pay late and no communication until finally I began the eviction process for Nov rent. Now we are in Dec and they have not paid. Do I need to give another 3 day notice for Dec rent? If so do I put the amount owed for the month of Dec only or do I need to include Nov and Dec? I know if I don't do this process right the judge may dismiss and I have to start over again. I don't have the funds to keep trying while they live scott free. Can someone help with these questions? Thanks

Posted by Victoria W, FL on Thursday, December 8, 2011

To all landlords who have tenants that pay late and don't pay on deposit as agreed. First of all in your lease impose a late fee if allowed in your state. I personally give no grace period. If I have a tenant that usually pays on time or within the first few days I waive the late fees but I still have the right to charge them if necessary. As far as the deposit do your best to collect it as most landlords will encounter more damage than the damage deposit even covers. I do not charge a last month rent deposit, however I think it might be wise if my state allows it. If you are going to allow someone to move in without paying all deposit money make sure they sign and agreement to pay. I property manage a few properties for someone else and we are currently having issues collecting the rest of the damage deposit, however he says he would rather keep collecting the rent and deal with the deposit shortage in the future. I would personally not give someone more than 10 to 12 days without paying rent then immediately start the process to gain possession as here it takes at least a week or longer to get them in for a hearing and then the judge gives them usually another week to move. so therefore they have lived for free for 30 days at the landlords expense and then good luck collecting anything they may owe you. I really wish landlords had more rights, I know some would take advantage of the tenants but there are those of us that try to do the right thing and still get burned by the tenants that just don't care.

Posted by Kellie W, IN on Thursday, December 8, 2011

Dear Kellie w.....OMG I am right there with ya...my husband and i are very fair and pridefull landlords. we always maintain the apartments make improvements and beautify the lawn...only to get people that know how to work the system and get away with it. BURNS MY @@@! we give them breaks and waive late charges only to get burned and taken advantaged of so we look like the dumbies

Posted by Denise S, NY on Friday, February 3, 2012