Tenant late on rent - should I let her slide?

Question

Hello, my condo tenant is late on rent. She is otherwise a very good tenant never having been late before. Do you think I should let this slide just this once or should I enforce the penalty (it is on the rental agreement that she pays an additional $150 if late).

What should I tell her in an email? I do want to acknowledge that she is always on time and the check might have been lost in the postal but I should still charge her the late fee, right?

Answer 1

Has it ever occurred to you to ask her if she has a problem?

She may be having a terrible time wondering where she can find the money and all you are concerned about is the cash.

She may spend her whole day worrying about something that bothers you for maybe a minute.

You say that she has always been a good tenant, so why, especially if she may have problems, are you asking complete strangers what to do?

I suspect that you have no compassion and need back up, from answerers on this site to ease your guilt.

She may have bigger problems, temporarily, than you will ever have.

Talk  

Answer 2

send a 'worried' e-mail ie "as you have always submitted payment on time i was wandering whether your circumstances have changed and if there is anything i can do to help. i would point out that there is a penalty clause for late payment and would request you contact me immediately as i am willing to forgive this penalty on this occasion should the reasoning be acceptable. i cant however allow this to occur again"

Answer 3

If this is the first time she has been late with the rent and is saying she mailed it already and it must have got lost in the mail.  Tell her since this is her first time of being late you will only charge her $75

Answer 4

Well, honestly I would not.

She is a good tenant.   You want her to be a happy, good, rent paying tenant.    You also want to be a Really Nice Landlord.

I would let her know that this "really puts me in a bind, but I understand that S*** happens.   Please pay me ASAP, I already sent in the mortgage payment."

You will be the hero instead of the bad guy and happy tenants are easier on your property then unhappy ones.

Also, 150 may be an awful lot of money for her, it would be for most people these days.

Answer 5

Every landlord's dilemma.  There is no correct answer.  I would never email at this point.  A phone call will tell you everything you need to know.  If she avoids your call and doesn't call you back in 24 hours, you have learned a lot.  A wonderful tenant is turning into a problem.  An email won't straighten that up.

I would not charge the late fee.  I would send the 5 day Notice of Eviction soon, tho.

Answer 6

If you are questioning it then maybe you should. You could say that she has been a good tenant so you will forgive it this one time (depending on how late it is). Do it in writing so she knows that it wont happen again.

Answer 7

Since she has never been late before ; I'd charge her only like $50 late fee ....

The tenants must learn that no matter what ; late fees of some type WILL be enforced ....

I'd give her a telephone call or a personal visit to see what is wrong ....

Answer 8

Best bet is to talk with your tenant, by phone not email.

Just say you are calling because the rent is late and that is not like her. Let her answer from there. You'll get a feel whether she mailed it and it was lost or she flaked on it. Make your decision based on her answer.

If she says she mailed it, tell her that you did not get it but this time you'll waive the late fee if she mails you another check right away. Ask her what the check number was that she sent and what the number is that she will send right away. Tell her that if you'll call her if you receive a duplicate and tear up the second check.

If you realize that stuff happens and show that you can both trust each other, you have a better chance of having a great tenant/landlord relationship.

If you jump down her throat because of a check lost in the mail, she won't forget it.

Answer 9

Yes, you should charge her and abide by the terms of the lease. If she wants you to waive it she will come to you and plead her case, and then you can decide to waive it if you want to.

Answer 10

I wouldn't deal with this issue by e-mail, at least not right now.  Give her a call and let her know you haven't received her payment.  See how she reacts.

I'd be inclined to enforce the penalty unless there is a sound reason why you didn't receive it on time.  For instance, if she mailed it and it shows up in a couple of days showing a timely postmark, then she really isn't to blame and I'd waive it.

The fact she has never been late before speaks well for her, but if she really hasn't paid it yet she should have given you a call.

If you do waive or reduce the late charge, put in writing that you are doing it on a one-time-only basis as a courtesy to her.  Then you are not setting a bad precedent and encouraging her to be sloppy.