Dealing with late payments is one of the biggest issues landlords face. While there are laws in place to help landlords, it is not a cake walk. Bad tenants often outsmart their landlords. It is imperative that you are aware of your rights as a landlord and the laws that favor you.
The landlord rights laws differ from state to state. You should take guidance from an experienced Landlord and Tenant Lawyer in your area. You should use good record keeping systems to have the upper hand.
Letter requesting rent payment
You should keep the practice of sending across a letter requesting rent payment much in advance before the rent is due. It is advisable to include the instructions on how to pay rent in it.
Communication in writing is recommended to have a record in case you need to prove it. You could send a bad check notice to the tenant if the payment did not clear.
Late fee for rent notice
Having a late fee for rent notice clause in your lease agreement is highly recommended. The laws related to charging of late fees are different in different states. Thus, you should consult an experienced lawyer for the same.
You could reinforce the fact that the tenant can face financial consequences if rent is paid late by having late fee clause in your lease agreement. The tenant knows that you abide by the law and are serious about timely rent payment if you charge late fees as soon as it is applicable.
You could give grace period as per the state law applicable or as per your choice to your tenants.
Late rent notice
You must send an official late rent notice to the tenant at the earliest if the rent payment is late. Moving forward with eviction suddenly is not recommended. You should try to understand the problem your tenant is facing.
A tenant could withhold rent due to temporary unemployment, or cash flow shortages or due to some repair and maintenance disputes. Understanding the nature of the problem is necessary. You should try to negotiate, if possible.
You could offer structured payment options if cash flow shortage is the reason for the delay. If the tenant cannot afford the rent of the apartment, you could either move them to a low-cost apartment or set up roommates.
By asking the tenant to leave voluntarily, you could save legal fees for eviction. You could convince the tenant to leave by explaining the long-term impact of eviction on their rental history and credit.
If nothing worthwhile works out with your tenant, you could decide to move forward with an eviction. Consult an experienced Landlord & tenant lawyer to guide you with the apartment eviction process.
The Conclusion
The eviction process significantly varies depending on the laws applicable in your area. Before taking any steps towards evicting your tenant, you should talk to a lawyer. You don’t want to invite any legal trouble here.
Make LawTally your destination to find the most suitable and experienced Landlord & tenant lawyer in your area. You could contact any of the top rated lawyers at LawTally for guidance.