Tenants, Late Fees & Family Loss
Hi,
I have tenants who have always paid their rent, but they are always as late as possible. Rent is due on the 3rd, and I typically receive it from them on the 3rd, 4th, 5th or 6th. I have explained to them that the due date means that I have to receive it by the 3rd, not that it should be mailed by the 3rd. I also have given them self addressed and stamped envelopes to ensure this. In the past, I have been lenient and only charged them a late fee once in 6 months. Even then, it was a reduced late fee because they always seem to have one sob story or another.
I received a call from them today saying that they just got back from a trip becuase their mom had passed away. They had the rent ready and wanted to know if they should mail it or not. I decided I will stop bye and pick it up and take the opportunity to offer my condolences. Now, I am not an ogre and I am inclined to not even mention the fact that the rent is late and forget about the late fee. However, I would like to get some other opinions on how to handle this. Paying slightly late has become a habit with these tenants and I don’t know how to deal with this in a fair but firm manner.
Thanks,
JS.
If true, death of an immediate family member trumps my late fee.
If the lease is near renewal you may want to change your pay terms in your lease. Maybe stating rent is (whatever your new rent is plus late fee) say $750 but if received by the you before the 5th a $x discount applies. Also include that partial rent payments can only be accepted at the discretion of the landlord.
Jim
In some states, counties, and/or municipalities the landlord-tenant law prescribes a mandatory grace period after the due date before a late fee can be assessed.
What does your local landlord tenant law say on the subject?
Thanks for the comments. I totally agree that a death trumps late charges, however ..........
Like I stated, I went to the property last night to offer my condolences and pick up the rent. When I got there, I met the adult children of the tenants outside on the porch drinking and chatting with their friends. I walked up and told them I was sorry for their loss. They looked at me like I was crazy and asked what I was talking about. Then their Mom rushed out and engaged me, putting herself between me and their kids. I gave them my condolences and made some small talk. She then told me that she didn’t have the rent because she had already mailed it that afternoon (BTW, this was after I had left a message stating that I would be picking it up.
Anyways, I left but my gut is telling me they were not telling me the truth. I can’t imagine that anyone would use a death in the family to avoid paying rent on time, but I guess I need to realize that not everyone thinks the same way I do.
There is no way I can ask them to “prove” there was a death in the family so I am going to have to take them at their word. I have decided that I will waive the late fee, but I will send them a letter re-stating the late fee policy and letting them know that the policy will be strictly enforced in the future. I will also outline the amount of late fee for this month and let them know that it is being waived because of the tragedy in their family.
What do you think about this approach? Anything that I’m missing or should change?
Thanks,
JS
P.S. If I don’t receive the rent in the mail in the next couple of days, then I will know that they were lying about that too.
finniganps is right, you must be consistant with your late fees.
thanks very much for the advice