My renter of two years is 9 days late on rent - what should I do? - Posted by Lib Cassin

Posted by John G on April 09, 2000 at 18:13:48:

we have a 14 day notice of termination due to non payment. I would go and post it in the door and when they call back say that I was surprised that you had not returned my call and I have to leave you this notice. When can you pay ?

My renter of two years is 9 days late on rent - what should I do? - Posted by Lib Cassin

Posted by Lib Cassin on April 09, 2000 at 17:58:23:

I am not a very experienced landlord, but I have had the same tenant since I bought my duplex 2.5 years ago. He was always on time, until this year, and recently got married, and has been a few days late once or twice.

When he was late with his payment this month, due on the 1st, I called him and left a friendly message reminding him to pay up. So far, nothing and he is now 9 days late.

What should I do? Would anyone have a form letter that they could email me to let him know that I mean business. I seem to recall someone else having a similar problem and being advised to put a letter on his door?

Overall, he has been a good tenant (intel employee) but I do not want to let this go

Any suggestions would be helpful

Thanks a lot

Re: My renter of two years is 9 days late on rent - what should I do? - Posted by ScottE

Posted by ScottE on April 10, 2000 at 11:07:07:


I agree with the others that say to follow the letter of the law and your lease. Post the applicable notices and get things rolling. If you ‘let them slide’ outside of the law and your lease, you set a pattern that could cause you to lose in court should this situation escalate even months down the road.

Good luck


Re: My renter of two years is 9 days late on rent - what should I do? - Posted by Dee-Texas

Posted by Dee-Texas on April 10, 2000 at 07:11:55:

There is a great site for landlords,
Always be fair but swift. I will always try to work with someone if they will talk to me, but if they do not call or try to dodge me, then I quickly start eviction proceedings. I learned that here, if they can get away with it once, then who’s in charge?
Always learning,

start the (legal) clock ticking and then talk about it - Posted by leslie

Posted by leslie on April 09, 2000 at 22:54:39:

a 3 day notice should be given. regardless of how good they have been, they will respect it as a business just like the utility or phone co. would do even after 20yrs of service. you don’t need to evict them yet, just put them on notice, you can offer to work it out during the time legally allowed. (you can stop the eviction at any time). in california a 3 day notice is followed by an “Unlawful Detainer” lawsuit (eviction) which still gives them 5 days to answer, and possibly a trial date after that. they will have plenty of time to pay you during the minimum time the law allows for eviction. get the clock ticking. you will be closer to your necessary legal recourse. also a stipulated agreement is something you can offer them, in which the judge issues a stay while you receive partial payments, and if they fail to perform as “stipulated” the eviction resumes without delay and without appeals or challenges by the tenant. this should be writen by an attorney, it is signed by both parties and then by the judge as a court order.

ps: i used to put if off, evictions, and then go looking for the forms for the eviction after i was really mad, frustrated, and very overdue. it is quite a few pages in total.
now i fill out all the forms necessary to evict every tenant on the day they move in and file it with their rental agreement. having this ready helps a lot. you are always a pen stroke away from adding the dates and the dollars. i can then even mail this sample eviction form as a “DRAFT COPY” to the tenant who is late before i pay the court’s fees to file the action. this lets the tenant know the papers are ready and i mean business. mailing or hanging this draft on the door has saved me the $83 + $35 filing and service fee many times. (of course it has to be properly filed and served before it is legal)


Re: My renter of two years is 9 days late on rent - what should I do? - Posted by Greg in Dallas

Posted by Greg in Dallas on April 09, 2000 at 22:45:09:

Do you live in the other half of the duplex?

If you do, then in the future I would recommend hiring a property management company to collect the rents.

Now, whether you live there or not, I would always start a 3 day pay or quit notice if rents aren’t paid according to the lease. Most leases allow for payment to be made on or before the 3rd or 5th day of the month. Second, you should always charge a late fee…according to the maximum allowable in your state. I normally charge $25 late fee on the 6th and $5 per day thereafter and eviction starts on the 10th. I have this all lined out in my lease. I also have them sign a separate form when they sign their lease that says that they agree to pay the rent on time: due on the 1st and late after the 5th and that eviction starts on the 10th, no exceptions.

You can be friendly, but you have to be firm. You can’t take any of this personally. If he questions you and gives you all kinds of excuses just tell him you’re the managing partner and there’s nothing you can do to stop the eviction unless he pays the rent and late fees…and if the eviction start there’ll also be court and attorneys fees.

Let me know if you need additional info.

Greg in Dallas

Re: My renter of two years is 9 days late on rent - what should I do? - Posted by Laure

Posted by Laure on April 09, 2000 at 20:53:32:

Absolutely, positively, post a notice on his door ! Here, in Illinois, it is a 5 day notice.

Do not Delay. This is your business, and there is no room for his problems to interfere with your mortgage payment.

Laure :slight_smile:

Re: My renter of two years is 9 days late on rent - what should I do? - Posted by Rob FL

Posted by Rob FL on April 09, 2000 at 20:01:28:

In spite of his good intent, I would totally ignore what John G posted.

You need to follow the laws of your state. Generally this will require some form of statutory notice to “Pay Rent or Quit”. In Florida, this is 3 days (excluding weekends and holidays). In some states it is a week. So read your statutes or contact someone who knows them. You will probably need to use a statutory form. Don’t just use any old form. In Florida, if the form is not filled out exactly right the whole lawsuit will get thrown out of court.

You may want to contact a local eviction lawyer. Around here, a uncontested eviction is about $100. Your costs may vary.

Just remember, be careful and follow the law.