Landlord Question and Answer Forum

I inherited a tenant from my mother (in other words, not of my choosing). She is habitually late with the rent. She did not pay her rent in December. The first week in January, she arrived with a money order. When she handed the money order to me, I said, "This is for December." She said, "No, this is for January. I will add 50% of December's rent when I pay February's rent and the remaining 50% of December's rent when I pay the rent for March." I wonder if there is a legal reason that I am not aware of that she did things that way. I accepted her offer and told her we would be presenting a new lease to be effective April 1st. Can anyone tell me why she wanted to pay her arrears that way?

It sounds like she spent too much on Christmas and now thinks she can pay Dec rent in installments beginning in Feb. Your bad. You should have sent her a Pay or Quit in Jan when rent was due….If she’s on a lease, you can’t do a new one until the one your mother had with her expires….. Get something in writing from her stating the payback offer. If she refuses or misses the 1st installment, send her a Notice to Pay or Quit. You should also add late fee if the agreement call for such. -----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 Wednesday, February 6, 2013

Why on earth would you take her offer? You really should have issued a pay or quit notice in December. Don't let tenants walk all over you!

Posted by Dawn A, WI on Wednesday, February 6, 2013

@Dawn – The whole story hasn’t been told. She could be elderly (forgot). She could have been a tenant for yrs and paid rent on time all those yrs, etc. There are many reasons that a landlord may be compassionate at times.

Posted by Bob R, CA on Wednesday, February 6, 2013