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LandlordLaura
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| Joined: | Mon Aug 21st, 2006 |
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Posted: Sat Mar 22nd, 2008 08:17 pm |
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Keeping Yolanda's last post in mind, and because March 31 will be here shortly, it may be beneficial to send your Tenant a "rental summary" to remind her of the history of her payments to you, the amount of accrued late fees owed to you and the amount of the Tenant's Security Deposit. If you have the information on your computer already, print her a copy of your accounting records to date. That history will remind the Tenant of the dates that rent was paid and the months in which a late payment accrued. If the information is not already in your computer in a printable form, type a statement for her that shows the payment history. Mail this to her by Certified Mail, Return Receipt Requested along with your "move-out" letter that details how (and in what condition) the property is to be returned to you on the Tenant's move-out date.
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Yolanda
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| Joined: | Wed Mar 1st, 2006 |
| Location: | Texas USA |
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Posted: Sat Mar 22nd, 2008 07:50 pm |
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In response to your tenant paying late, make sure you have corresponded with your tenant that the late fees will be deducted from the rent first, then rent. In most states you can deduct the late fees. The tenant would still be in arrears because there would be a balance due and owing. Make certain you have it in writing that this tenant owes you late fees and has not paid. The court might see it as you allowing this tenant to consistently pay late. Your chances might then be slim. If you do have a paper trail, you should be within the law. Read your lease agreement and read PA state statutes and local law. If you cannot find it above on the legal resources link, your state might have limited info and you can try to google by stating your concern first, then your state. After several attempts the statute or law should come up. If not, you can call an attorney or a landlord association and ask for advice.
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roegall
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Posted: Sat Mar 22nd, 2008 01:20 am |
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| I forgot to mention that I live in PA and I have read all of the PA state code that was written in 1951. That's even one year before I was born! I have also checked local and county laws and couldn't find anything to help.
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roegall
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Posted: Sat Mar 22nd, 2008 01:16 am |
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No, unfortunately, I do not have a signed agreement..it is a written agreement by my tenant that neither she or I signed. Lesson to be learned, get a signed agreement. The rent is $1400 so she paid half. She was entitled to the $700, it is just an issue for me of when she applied the credit.
It is now a MTM after a years lease. I am anxious to get rid of her as I am selling after this. As another poster stated, "I've had it!". That isn't the only reason, I am using the equity to build an in-law suite for myself onto my existing property.
My tenant has also been late a couple of months and not paid late fees that she was informed of. I am curious if I can use OH's advice to take rent recieved and deduct the late fees which means she is still in arrears. My tenant will be moving out March 31 and I need this advice soon.
Thanks
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LandlordLaura
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Posted: Fri Mar 21st, 2008 03:08 pm |
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I assume that your Tenant signed the "written agreement" when you recieved the original money that was collected and that you provided a written receipt to the Tenant for the amounts paid. Did the agreement and your receipt say that the amount paid by the Tenant included "4 months rent, plus Security Deposit" or did it specifically say "first month rent, second month rent, third month rent, last month rent and Security Deposit?" Just to be clear, what, exactly, did the written agreement AND receipt say?
Is the rent $700/mo.? How long is the Lease Agreement? What was the total amount collected upfront? From what you posted, it sounds like the Tenant is currently denying her understanding of the Agreement. Did the Tenant explain (in writing) why she wants to change the terms of her original agreement? If there is a good reason for requesting the change, how willing are you to consider making an adjustement to the written agreement that you have? Of course, any such request AND agreement should be documented in writing for clarity and proof of what was changed and/or modified...
You did not mention the State/County/City where the rental property is located. Do the Landlord Tenant Laws in effect allow you to collect both a Security Deposit and Last Month's rent from the Tenant upfront? Landlord Tenant Laws vary and some limit the amount of Security Deposit that can be collected, regardless of what the Deposit is called (ie. security deposit, last month's rent, pet deposit, cleaning deposit, etc.). Some do not. Just to be safe, it is important to know whether there is a maximum limit to the amount you are able to collect from the Tenant.
More details will help...
Last edited on Fri Mar 21st, 2008 03:09 pm by LandlordLaura
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roegall
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Posted: Fri Mar 21st, 2008 02:04 am |
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I am the first to admit that I have a very unusual situation. My tenant paid the first four months rent upfront plus security deposit. She still had a credit of $700 which she indicated in writing that she would use at the end of her lease. Midway through her lease she decided to use the balance to pay for that month's rent without giving any advance notice. I advised her that she was violating her own written agreement, to which she replied that it was her money and she could use it whenever she wanted to. Was she within her rights to do this?
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