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Late Rent-Can Landlord Evict?

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skoochnski

Junior Member
What is the name of your state (only U.S. law)? Indiana

It states in the "fill-in the blank lease agreement that the landlord downloaded from socrates.com that,

"For any rent payment not paid by the due date, Lessee shall pay a late fee in the amount of thirty dollars. ( $30.00 written in)

The rent is always paid within the month that it is due. It has been late three months in a row and the late fees have been paid at the same time the late rent was paid.
So, there is a history of landlord accepting late rent. ( dated reciepts available)

My question is:
Can the landlord decide that she is no longer willing to accept the rent late and threaten to evict if it is late again; even though it is an option in the lease?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Alaska landlord

Senior Member
What is the name of your state (only U.S. law)? Indiana

It states in the "fill-in the blank lease agreement that the landlord downloaded from socrates.com that,

"For any rent payment not paid by the due date, Lessee shall pay a late fee in the amount of thirty dollars. ( $30.00 written in)

The rent is always paid within the month that it is due. It has been late three months in a row and the late fees have been paid at the same time the late rent was paid.
So, there is a history of landlord accepting late rent. ( dated reciepts available)

My question is:
Can the landlord decide that she is no longer willing to accept the rent late and threaten to evict if it is late again; even though it is an option in the lease?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
Actually, the fact that she does come up with the rent is a good thing and will add up in a years time. Some states have it in their statutes that a landlord can evict if the tenant is late 3 or more times during the year. Check into it.
You may try asking the tenant if they wish to pay bi-monthly, it helps the tenant and brings in more money for you on a yearly basis. If the tenant continues to be late, then it's just extra gravy.

Also in your state, a landlord can give an unconditional quit notice if a tenant violates their lease agreement. That may be an option you can look into.
 

treese

Senior Member
Can the landlord decide that she is no longer willing to accept the rent late
Yes.

and threaten to evict if it is late again; even though it is an option in the lease?
Eviction does not have to be spelled out as an option in the lease ... eviction is the legal option per the laws of your state.
 

skoochnski

Junior Member
I think some of you may have misunderstood my post, and I apologise.

I am the tenent. My rent has been several days late the past 3 months. I always pay my late fee of $30 as it states I must do in my lease. I really wish it didn't have to be this way, but that's the way the economy goes...

By virtue of the language in the lease, it seems to me that stating a " late fee" amount insinuates that the rent will be accepted late. So I have been using it as a bugeting tool. Example: Some people would choose to pay $75.00 loan fee to write a postdated check in the amount of $425.00 at a check advance store and send the rent in on time. I choose to pay a $30 late fee instead.

I am wondering if my landlord can just up and decide that she doesn't want to accept the rent late anymore, despite the fact that the lease says only that a late fee must be paid and she has a history of accepting the rent late.
It does not say anything more. No # of days in which to pay it or eviction proceedings will be pursued. Nothing.

Don't I have the right to rely upon what is in the contract that she and I signed?

I've done my own research and found several Indiana Code statutes that say my lease with her is valid in its' entirety. But, I'm no lawyer.....
 

Alaska landlord

Senior Member
Check your tenant landlord act to determine if your LL can legally evict for chronic lateness. Several states do have such stipulations in their books. Some even have statutes that stipulate that the LL does not have to accept rent past a certain due date.

Personally, If I had to jump through hoops just to get my rent I would not renew or at least raise your rent to an amount you would have difficulty raising.
 

skoochnski

Junior Member
I'm pretty sure that if we signed a lease agreement that the rent is XXX amount of $$$ she cannot just raise it whenever she wants to.
 

Who's Liable?

Senior Member
By virtue of the language in the lease, it seems to me that stating a " late fee" amount insinuates that the rent will be accepted late.
You are incorrect in interpreting the language. Rent MAY be accepted late, however a LL is NOT obligated to accept a late payment. The "late fee" is just a penalty for paying late. It does NOT translate into the LL MUST accept a late payment...

So I have been using it as a bugeting tool. Example: Some people would choose to pay $75.00 loan fee to write a postdated check in the amount of $425.00 at a check advance store and send the rent in on time. I choose to pay a $30 late fee instead.
Than you are a bad tenant who cannot budget correctly...

I am wondering if my landlord can just up and decide that she doesn't want to accept the rent late anymore, despite the fact that the lease says only that a late fee must be paid and she has a history of accepting the rent late.
It does not say anything more. No # of days in which to pay it or eviction proceedings will be pursued. Nothing.
The lease USUALLY doesn't have to. It is automatically built-in by your states LL/T laws. If a LL were to include EVERYTHING that is or isn't allowed per your states LL/T laws, your lease would be 30 pages long.

Don't I have the right to rely upon what is in the contract that she and I signed?
yes and no... ie: just because you didn't give proper notice to vacate, because it wasn't in the lease, doesn't mean you don't have to give notice. Your states LL/T laws deem notice MUST be given, and the LL/T laws of your lease trump everything...
 

skoochnski

Junior Member
I find it amusing that you would pass judgement upon me and call me a " bad tenant". You act as if I am not paying my rent on time to spite my LL or something.
If I were spiteful, I might have commented on your horrible grammar and spelling. Alas, I am not.

I also find it very interesting that nobody has answered the question of whether or not the LL can change the date that the rent is due ( i.e. from the 10th to the 1st.) and change the late fees laid out in the terms of the lease.

No matter. I hired a lawyer today who says that my LL is harassing me by having people drive by my house and throw notes out their car windows demanding that the rent be sent via overnight express mail. She is violating federal law by putting notes in my mailbox. She is also violating Indiana codes because she moved to FL. and did not name any rental manager that I may call if something goes wrong. Not to mention the faulty lighting, ant and rodent problem. And to top it all off, need I mention the Fair Debt Collections act? I don't believe it condones calling someone at 2:00 am and calling them a bit(h on their voicemail. ( all of this and I'm not even a month behind?)

No offense, but I would much rather have a professional handle this. Thanks for the giggles, though!

Caio!
 

Alaska landlord

Senior Member
No matter. I hired a lawyer today who says that my LL is harassing me by having people drive by my house and throw notes out their car windows demanding that the rent be sent via overnight express mail. She is violating federal law by putting notes in my mailbox. She is also violating Indiana codes because she moved to FL. and did not name any rental manager that I may call if something goes wrong. Not to mention the faulty lighting, ant and rodent problem. And to top it all off, need I mention the Fair Debt Collections act? I don't believe it condones calling someone at 2:00 am and calling them a bit(h on their voicemail. ( all of this and I'm not even a month behind?)

Most of these are just plain dumb.
The notes you probably wrote yourself.

mailbox notes, a non issue

Faulty lighting probably would be resolved had you complained about it.

Any landlord can own property anywhere without having to hire a manager. You do know how to dial a phone don't you?

Fair labor act, no play there either.

Harassment? pay your rent and it will stop.

You will continue to have problems wherever you go because not only don't you pay your rent on time but you are a lousy housekeeper. Clean your home and the bugs and other vermin will go away.
 

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