Habitually Late Payments

Hello All! Yesterday I had an eviction for a resident who is habitually late on her rent. We have attempted to work with her through her tough times which is not something we normally practice here. She normally pays on the 10th (rent is due on the first, delinquent on the second) at the latest but she has made no payment since April. We filed and basically lost the eviction because we have allowed her to pay consistantly late. Granted, she is moving out as we had to come to an agreement but much later than I wanted her to be here.

My question is if the law does not back up our lease which states rent is due on the first of the month and states that the lease cannot be modified unless by an instrument in writing signed by both resident and officer of Owner how can we attempt to collect money from these residents who will pay but pay untimely and still be able to evict if necessary? Does anyone have anything in writing that the resident signs that contradicts this so that we are able to evict and submit a three day notice timely?

Thanks guy!

The best way to handle this is to deliver a notice to every resident telling that from this point forward, you will be enforcing every provision of your lease, even if it has not been enforced in the past. You need to give them thirty days notice and you need to document delivery. So, if you sent the notice out today, you would set the date of the enforcement change as July 1. Hope this helps!

Thanks Doug. Should we write something up as though its an addendum to the lease? Will this allow me in the future to work with residents? I was thinking of writing up a notice to cease for habitual late payments to send to residents once they have become delinquent more than 3 times in a 12 month period and if late again send a habitual late payment letter and hoping that this would cover me under law stating that we have attempted to correct the issue as well?!? I know this is law in New Jersey but I'm in Ohio but I think it might work... any thoughts?

Hi Chrissy - the issue here is that the lease has not been enforced, so all that is required is a 30 day written notice to each resident that starting (the first of the month following the delivery of the notice - and you must give a minumum of thirty days notice so if you deliver the notice today, for example, then you have to give them the rest of this month PLUS all of next month = effective date of 7/1/11)you will be enforcing all the terms, conditions and rules of the lease without exception.

I'm in FL, so you would have to check the LL/TT law in your jurisdiction about the habitual late payer issue, and by sending the above notice, your are putting everyone on notice about rent payments being due on the first, late on the second and "outa here" on the 6th!There is no need to amend the lease unless you don't have the specific consequences of late payment already inlcuded in the lease.

Ohio LL/TT law: codes.ohio.gov/orc/5321
Ohi LL/TT law resources:
www.ohiolandlordtenant.com/
www.ohiolegalservices.org/public/legal_p...what-you-should-know

Please remember I'm not an attorney (but I watch reruns of "Law and Order" every day!) I hope this helps! D