There are Steps for Landlords to Take When Tenants are Late with Rent

When tenants are late paying their rent, there are steps that landlords can take, but a landlord should always act with regards to state and local laws and statutes. Hence, it is beneficial for any prospective or new landlord to become familiar with landlord/tenant law in their particular jurisdiction.

Even though most states have similar statutes, the timeframes and procedures may differ, and you can always consult an expert in these matters so that you do not end up making mistakes, and violating the rights of the tenant. At the same time, you will be making sure that you adequately defend your rights as a landlords.

One of your basic rights under the law is that you should receive rent payments in a timely manner. You signed a rental agreement with the tenant, and the tenant and you are bound by the provisions thereof. If you are a first-time landlord, make sure that the rental agreement includes provisions for late notices, late rental payment fees and attorney's fees.

In case one of your tenants is late with a rent payment, make sure you follow the legal procedures, which is why it is essential to be familiar with landlord/tenant statutes in the jurisdiction where the rental property is located. Most jurisdictions call for a late notice to be given to the tenant at the end of a general grace period. The grace period that is given in most jurisdictions is usually five days, but you should check just to make sure.

Once you have given the tenant the late notice, you should allow a reasonable response time, and 2 to 4 days is very reasonable, after which time you should contact the tenant to find out why the rent is late and/or why you have not received a response. This is a good time to make the tenant aware that he/she will incur late fees for each day that they are late with the rent. You can also notify the tenant that you will turn the issue over to your attorney for eviction proceedings after a certain date, and that the tenant will be responsible for the attorney's fees, and any court costs involved.

If all of your efforts to collect the rent go by unanswered, then you should not vacillate about continuing with eviction proceedings. You need to make your tenants aware that you will meet your rights and responsibilities as a landlord, and that they will have to meet their responsibilities as tenants.

If you so desire, you can send a warning letter from your attorney, along with a Demand for Payment and a notice to Pay Rent or Quit, and that continued non-payment will have a negative impact on the tenant's credit report. If you still have not resolved the issue, you can continue with court eviction in order to settle the problem.

When the time for court eviction comes, make sure you have legal representation the first time so you can learn the ins and outs properly. Once you become familiar with how it is done, you can try to do any other evictions on your own, but make sure that your attorney is available in case you need legal advice.

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