Late rent versus grace period? What exactly is the GRACE period?

[jlw1000]

FarmerJ:

When I had my troubles with a deadbeat tenant I couldn't believe how the LL-T code could be manipulated so unfairly. I DID try (and am still trying) to change the code. The problem is there are more tenants then LL's (there are even more deadbeat tenant's then LL's) and the local governemnt does not care about the LL's, because the tenants outnumber the LL's. I had 1 state rep that seemed receptive. So I had written up all my proposed chnages, & he flat out ignored me. I FINALLY found a LL association in my area, but it was after months of looking. They will not have a meeting for another 2 months. I will be probably be out of the business before any changes are made (let's just hope it will be voluntarily!).

KCDogg:

This slumlord bit--it could be a property that has suffered from deadbeat tenants. When a LL does not receive $$ for months (and sometimes a year or more) because the tenant refuses to pay rent, the LL does not have enough money to pay the mortgage (let alone make repairs). When the tenant willfully & maliciously destroys the property while withholding rent, the LL does not have the funds to constantly make repairs.

In my experience the deadbeat tenant lies about everything. I have a tenant that decided to skip out on her lease & July's rent by moving across the street. When I caught up with her I explained that even though she was moving out (Her stuff is still there) she is laible for the rent as long as her belongings are there. I told her I could hold her liable for Aug & Sep as well, but that I would rather get a new tenant pronto & let her off the hook. I proposed to take July's rent out of the security deposit, waived the late fee, and if her belongings are out tomorrow will refund the remainder of her deposit. She agreed. I confirmed this in writing.

Then this tenant got a lawyer to sue me for forcing her out! I told the lawyer the whole story. I said if she wanted to stay all she had to do is tell me, & pay July's rent (so that the deposit could be replenished). I faxed him my letter to the tenant. After he reviewed he said she didn't have a case, but I did (no duh). Apparently he dropped her like a bad habit.

I have been busted my rear to get the property re-rented. Some people have stopped by to see the property when I am not around. (Which they aren't supposed to do, I schedule my appointments.) Anyway the tenant sees these people looking at the property, so she goes over & tells them some outrageous lies. (Prospective tenants tell me, as well as my decent tenant who has tried to set the record straight with the porspective tenants). Anyway the bad tenant says things like "I have threatened to kick her a** for not paying rent." (I give a 5 day notice or evictions will begin and that is after the 5 day grace has lapsed. No where in this letter does it threaten physical harm.) She tells prospects that I am unreasonable, which really ticks me off because I have bent over backwards to minimize my losses & let her off the hook. I sat down with her & explained to her that all her mudslinging is going to hurt her in the long run, because I will not be able to get a replacement tenant & she will be fianancially liable. SHe has sinced calmed down, but it has been ridiculous. As for my good tenant, I am thinking of a nice way to thank her for assistance.

Calicat:

While I agree that a good tenant should be given a break when they need it, it is just not possible in today's society. If I gave a good tenant a break that I did not give a bad tenant, my butt would be hauled into court so fast & the financial loss I would have suffered could be great. A LL has to be careful, or they might face a discimination suit. For example, if I waive a LF to give a good tenant a break for being late only once, the bad tenant will scream that they should not have to pay the LF either. Even though the good tenant had paid on time every month for over 2 years, and was only 1 day late. The bad tenant has not paid in time since the 2nd month of moving in & are in the process of being evicted. The courts would side with the bad tenant.

I just can't open up that can of worms.

 

[CA. Landlady]

jlw:

>>>There is a recent post by a LL that has gone through the hell of having a deadbeat tenant. She wants to know how to report a tenant that is not paying rent. I did not see a response from you, even though you were on after she posted. I was wondering if you had anything to add, since your mentors took the time to train you well.<<<


First of all, I DO NOT reply to all posts. Secondly, I was and continue to be suspect of Carabouta's post. If she's not already maybe she can be a pal of yours? Ummmm! Tis best for YOU to reply to her especially since you're both in the same state. Of course, one of my questions for her would be why hasn't she discussed this with her attorney? Besides, it doesn't appear she has been through "hell" and if she has she's partly to blame for not doing her homework or knowing how serious becoming a landlord can be. Tenants are like kids you must set strict rules and as soon as you turn your back or are not paying attention look out. You must be prepared and know how to take swift immediate action.

BTW, I'm NOT here to play childish games!

 

[michael parks]

I will weigh in on this, it is a TRUE fact that some states like CT and NY have BY LAW forced landlords to not charge late fees untill the 6th in NY and the 11th in CT because of those greedy nasty filthy ones who charged or tried to evict tenants who were on Social security or SS disability and welfare who did not have the rent on the 1st but on the 3rd.

And since some do not have direct deposit the check would normally clear on the 5th,anyway.

This is common sense, but the abuse by landlords have forced this on themselves!!!!

 

[jlw1000]

In DE we have a grace period of 5 days. When a tenant has not paid by the 5th of the month, then the LL can charge the LF. Paying on the 6th is what I consider one day late--meaning that a tenant that pays on the 6th has missed the grace period by one day & must pay the LF.

The saga continues with my nasty tenant. She was to be completely out today (Because she wants her deposit refunded by tomorrow instead of waiting until Thursday). I think a one day turn around for a deposit refund is pretty good, but I am sure some of you will find that unfair (technically she is not entitled to a refund, but I am trying to be reasonable even if she isn't). Anyway I went by with the town inspector so he can verify the property is habitable (the town does this between every tenant for every rental in town). When we got there I discovered she had changed the locks! So I couldn't get in.

This is crazy. She had moved most of her things out as of 2 days ago. The last time I talked to her I promised her a refund check for Wed, I just needed to make sure all was well before doing so. I guess she doesn't want her deposit back. I now have to go to court to get my rental unit back. I will sue her for ALL she owes of course. What a nitwit.

 

[kcdogg]

jwl

If you read my post then you would see that I did not place all the blame on the LL, but placed blame on both sides. We can go back and forth on this but it all is dependant on the facts of each case and should be judged and handled as such.

calicat
JWL is right you have to be careful of discrimination, because if they are of different race, creed, religion, sex, age or color, you'll find yourself in a mess with Fair Housing. And if one is disabled then you throw in violating the ADA (Americans with Disability Act). Just not a wise thing to do, what you can do is take them based on their own merit.

In my job as a Union Representative for USPS, i KNOW A LOT ABOUT DISCRIMINATION

On the lighter side check out who's becoming a LL below!


http://espn.go.com/nba/news/2002/0730/1411694.html

 

[FarmerJ]

KC LOL up here if he did this >>>>>We started buying homes out of foreclosure and paying $10,000 or $12,000 for them, fixing them up, and maybe selling them for $25,000 or $35,000," O'Neal said.
<<<<<<< he might have been declared a real estate flipper and charged

 

[FarmerJ]

Jlw all i can say is keep at the politicians and even do a letter in newspaper editorial about state income tax coffers climbing up abit if the process were shortened for evictions allowing LLs eventually to be able to report higher income from less down time . where I am in Minnesota it is some what tenant friendly state here YET our eviction process is still pretty damn simple compared to some states unless there has been major change with this legislative session .