how to pay rent if your landlord appointed lawyer for late payment

by Lenna Pagac 6 min read

How much can a landlord charge for late fees?

Typical late rent fees are 5% to 10% of the monthly rent (e.g. $50 to $100 late fee for $1000 of rent). Some landlords may also demand an additional fee for each day that the late is rent. (e.g. $15 additional charge per day).

What should I do if my landlord refuses to pay rent?

Be prepared to pay a late fee if the landlord has a late fee policy. Or, if you think your landlord will be responsive and your late rent is a rare occurrence, ask your landlord to waive any late fee. It's likely that your landlord is counting on your timely check to cover the mortgage payment on the rental.

What happens if a tenant is late on rent?

Late Payment of Rent. If any installment of rent is paid after the date the same was due, and if on a prior occasion in the twelve (12) month period prior to the date such installment was due an installment of rent was paid after the same was due, then Tenant shall pay Landlord a late payment fee equal to five (5%) percent of the overdue payment.

How can I get my Landlord to pay me on time?

Offer (if at all possible) to pay at least some of the rent on time. Give your landlord written assurance of your plan to pay the full rent by a certain date, such as the 15th of the month—and make sure you keep your promise.

What is the highest late fee allowed by law?

The Late Fee Fairness Amendment Act regulates the late fees that landlords may charge tenants. The Act says: A landlord can only charge a tenant up to 5% of the rent as a late fee.

Is Texas offering rent relief?

The Texas Rent Relief program was created by the Texas Department of Housing and Community Affairs (TDHCA) to provide Texas tenants with financial assistance for rent and utility bills (including past due rent and utilities). TDHCA began accepting applications from landlords and tenants on February 15, 2021.

What can landlords do about unpaid rent during Covid 19?

Consider all your options. Money from federal rental assistance could cover up to 18 months of rent – including unpaid rent incurred during the COVID-19 pandemic and future rent in certain cases – when the money is available. Evicting tenants can be time-consuming and expensive.

Who qualifies for Texas rent relief?

To qualify for Texas Rent Relief, you must have a household income that is no more than 80% of the area median income and attest in writing that someone in your household qualified for unemployment benefits OR someone in your household lost their job or experienced significant financial hardship.

Step 1: Check Your Lease Documents and Payment Records

As silly as it may sound, double-check your records to make sure the tenant is truly late with his or her rent. Sometimes landlords keep better rec...

Step 2: The Late Rent Notice

The next step would be to serve the tenant a Late Rent Notice. This is a piece of paper reminding the tenant that the rent is past-due. It should i...

Step 3: The Phone Call

A phone call to the tenant to find out what’s going on can be done before or after the Late Rent Notice is served. However, this only needs to be d...

Step 4: The Pay Or Quit Notice

This is a more official document than the Late Rent Notice and is technically the first step in the eviction process. It shows the tenant you’re se...

Step 5: The Last Resort: Legal Action

If all else fails and the tenant still doesn’t pay, get an eviction lawyer. At the earliest possible opportunity (a.k.a. when the Pay or Quit waiti...

Important Points to Remember

1. Act quickly and consistently. Enforcing the rules will let tenants know you’re serious and will help prevent late tenants from getting behind ev...

How to Avoid These Tragedies

If you felt exhausted just from reading these steps, imagine how exhausting they would be in person! To help make collecting rent an easy and conve...

How long does it take to pay rent if it is late?

According to the specific laws of your state and to the terms of your lease agreement with the tenant, there will probably be a grace period of 3-5 days after which a penalty for late rent payment may kick in.

What to send a tenant for late rent?

As a counterpart to your phone call, you can send your tenant a formal Notice of Late Rent. This should include a list of all the expenses that are owed (including the late fees), and a warning about the legal action you will take unless the rent is paid by the stated deadline.

What to do if tenant refuses to pay eviction notice?

If the final deadline of the eviction notice has passed and the tenant has still refused to pay or vacate the premises, then consult with an attorney at the earliest possible opportunity and get a set date for a formal court hearing by filing a tenant-landlord complaint.

How to evict a tenant who is unresponsive?

If tenants are unresponsive to your communications, then follow through with the eviction process in accordance with the law. Send letters by Certified Mail and request a return receipt, which can be used as evidence that any communications sent to the tenant have been seen by them.

How long do you have to pay rent to leave a property?

This is the formal beginning of the eviction process, which gives the tenant the option to pay the rent immediately or else they have 3 to 7 days to leave the property (check your state law to see what the regulations stipulate).

What is it called when you show up at your tenant's property?

Harass the tenant – showing up at your tenant’s property unannounced and demanding entry, or contacting them too frequently can be interpreted as harassment, which is in violation of several laws and tenants’ rights. You may find yourself being arrested if accused of this.

Can you ask a tenant to move out?

If you want to avoid the costs and hassle involved with the legal process of an eviction, then you can consider simply asking the tenant to move out by a certain date and thus canceling the late rent that they owe you.

What happens if you don't pay rent?

When you don't pay rent, your landlord can terminate your tenancy. The basics of late rent fees, including limits on how much landlords can charge.

Why is it important to pay rent on time?

Paying rent on time is the most important way to keep your landlord happy. Paying rent late can result in costly late fees or even the end of your tenancy. Read on to see how you can avoid these and other negative consequences.

When is rent due?

Rent is legally due on the date specified in your agreement (usually the first of the month), and in the form of payment (usually check) that the landlord requires. Here are some dos and don'ts of paying rent late--including how to negotiate a partial or delayed rent payment.

How to chase a tenant for late rent?

How to Chase Your Tenant for Late Rent Payment. Like most in things, prevention is better than cure when it comes to overdue rent. And cutting down on late payment of rent takes just a few simple steps. Take the time to give problem tenants a gentle reminder a few days before the rent is due.

Can you let tenants off without late fees?

They are more casual and will let their tenants off without late fees as long as they receive the rent in the end. However, we highly recommend that you ask for late rate fees. From our experience, we have discovered that some new tenants like to test the waters with their landlords.

Can you collect rent from tenants online?

It also helps to make it easy for them to send you the rent. You can collect rent from tenants online or collect the rent in person if you happen to stay near your rental property. Impose a penalty for all late rent payments - See the next section for more details.

Can you refuse to pay late rent?

While the most landlord tenant laws do not state a specific percent or amount for late rent fees, it is implicitly understood that the fees have to be reasonable. If you go wild and randomly overcharge for late rent payments (fees above 30% of the monthly rent are generally considered excessive), your tenant can refuse to pay you a single cent ...

How to deal with late tenants?

Act quickly and consistently. Enforcing the rules will let tenants know you’re serious and will help prevent late tenants from getting even further behind on their payments. You may have worked out a deal with them once or twice, but what if the payments spill over into next month? It’s better not to have to worry about continual bargaining for the money they promised to give you.

When dealing with a tenant who pays late or partial rent, will landlords recommend inspecting the unit?

When dealing with a tenant who pays late or partial rent, some landlords will recommend inspecting the unit as soon as possible to make sure that your property isn’t being damaged.

What to do if tenant doesn't pay?

If all else fails and the tenant still doesn’t pay, get an eviction lawyer. At the earliest possible opportunity (aka when the Pay or Quit waiting period ends), file a tenant-landlord complaint in court. In many places, it is illegal to evict a tenant until all court proceedings are over. This process can take months.

How long do you have to pay rent after the due date?

While most states don’t legally require a certain grace period to pay rent, the majority of leases contain a clause giving tenants a 3- or 5-day period to pay rent after the normal due date. If you’ve double-checked and found that yes, the tenant is indeed late, then you’re bound to the provisions agreed upon in the lease and by state ...

How long does rent guarantee insurance last?

Rent guarantee insurance, however, covers unpaid rent for up to six months per year. Rent guarantee insurance allows you to start the eviction process — which can be long and costly — without having to swallow the cost of unpaid rent.

What should be included in a renter's notice?

It should include a list of all fees that are owed (including late fees) and a warning about further legal action you’ll have to take if the rent isn’t paid in full very soon . It can be served to the tenant in person, emailed, or taped to the door of the unit after the rent was due.

How long does it take to get an eviction notice?

After this, you will have to wait a certain period of time until you can file eviction papers — depending on the state, it’s usually around 3 to 5 days, so check your local statutes.

What to do if you are late on rent?

If you know you are going to be late on your rent payment, tell your landlord before it happens . This sends the message to your landlord that you are aware of the situation and respect them enough to tell them the truth.

How much is late rent?

Usually, late fees run anywhere between $25-$50 for a pay period but can be more. Some states and cities have restrictions on how much a landlord can charge for late fees but be clear that late fees are something that is completely avoidable if you pay your rent on-time.

What happens if you pay late?

If you are paying late, you are going to run the risk of the landlord reporting you to a credit company. This is becoming easier and easier to do as both payment systems and reporting procedures are becoming automated.

Can a landlord ask you to leave a lease?

Yes, a landlord can ask you to leave just because of late payments. The lease agreement is a legally binding contract and paying late means that you are in breach of that contract, giving the landlord the right to ask you to leave.

1. Send a reminder

Your first reaction to a late rent payment might be that your tenant is irresponsible or is having money trouble, but this is not always the case. Sometimes, tenants simply get overwhelmed with other demands or forget that the due date has arrived.

2. Send a Late Rent Notice

A Late Rent Notice is a more formal way of notifying the tenant that they’ve missed a rent payment. You want to send this notice after the due date and, if applicable, the grace period. The notice should identify the amount owed and any late fees.

3. Ask the tenant why they were late

Finding out why the tenant is late helps you decide what to do next. If they had an unexpected car repair, the late payment might be a one-time thing. If they lost their job, you may want to find out if they are seeking new employment, need to make a Rent Payment Plan, or if they prefer to terminate the lease.

4. Suggest the tenant might apply for government assistance

If your tenant falls behind on rent, let them know they might qualify for assistance such as COVID-19 rent relief programs or unemployment. You may want to familiarize yourself with the available programs in your area so that you can direct your tenants to the appropriate resources. This helps you and your tenant recoup late rent payments.

5. Know the law regarding partial payments

Know the laws regarding partial rent payments in your city and state. In some places, accepting a partial payment may waive your right to seek eviction or other remedies, even if the subject is addressed in the lease.

6. Consider your relationship with the tenant

How you proceed may vary based on whether you have a long-term reliable tenant or have one with chronic delinquent payments or other problems. Keep in mind that no matter how much you screen, you never know for sure how reliable your next tenant will be or how long they will stay.

7. Document everything

Whether you provide an extension, waive a late fee, or waive a portion of rent, put it in writing. This confirms your arrangement with the tenant and protects your right to collect rent and late fees as stated in your lease. A Late Rent Payment Agreement is one way to document this.

How to get your landlord to pay your rent?

Here are some basic steps to take: Ask your landlord in writing (as far in advance as possible) for a few extra days. Explain your difficulties and emphasize (if you can) that they are only temporary. Offer (if at all possible) to pay at least some of the rent on time.

What happens if you don't pay rent?

If you can't pay the rent on time, you may be tempted to hope the landlord won't notice—after all, she's got many tenants to keep track of, and one late check will hardly be noticed, right? Wrong. Remember, it's likely that your landlord is counting on your timely check to cover her own mortgage payment. Because the bank won't forgive her tardiness, she can't afford to ignore yours. And it's equally naive to think that you can ignore the landlord's phone calls or emails or think that she will swallow ridiculously lame excuses.

How to avoid eviction lawsuit?

You're more likely to be successful (and avoid an eviction lawsuit) by being up front with your landlord about your situation, and asking for an extension . A landlord who considers you a good tenant won't want to lose you, since it's often difficult and expensive to evict you, then find and move in good tenants.

Can a landlord evict you if you are a good tenant?

A landlord who considers you a good tenant won't want to los e you, since it's often difficult and expensive to evict you, then find and move in good tenants. This means you can probably get the landlord to accept a portion of the rent now—maybe even a small portion—and the rest later.

Do you have to pay rent if you are evicted?

No matter if there is an eviction ban in your area, you are still obliged to pay rent. Depending on the language of a ban, your landlord might be able to assess late fees, interest, or other penalties for not paying the rent on time.

Can you be evicted for paying rent late?

If you are a conscientious and honest tenant who is temporarily short on funds, most landlords won't evict you for paying rent a little late one month. To avoid problems, follow this advice.

Is there a moratorium on evictions?

Many states and cities have implemented eviction moratoriums for the duration of the COVID-19 outbreak. Even if there isn't a ban, most courts across the United States have postponed hearings on non-essential matters—including hearings on eviction and landlord-tenant matters. However, most courts are still hearing eviction matters ...

How long is a late rent payment considered late?

What is considered a late payment with the credit bureaus? According to the credit bureaus a late rent payment is not considered late until it’s 30 days past its due date. For example, if your rent is due on the first of every month, it is not considered late unless you pay it on the 31st day of that month.

What to do if you know your rent is late?

What can you do if you know your rent payment will be late? The most important thing to do is to communicate with your landlord as far in advance as possible. Late payments never make landlords happy, but it’s better that they know about it in advance so they can prepare, especially if they are an independent landlord.

How long does a late rent payment stay on your credit report?

A payment made 30 days beyond the due date will have a negative impact on your credit score. This late payment can also stay on your credit report for 7 years, but its effect on your credit score will also diminish over time.

How long is a lease late?

Technically, any late payment is considered late if it is not turned in on the rent due date agreed to in your lease, however there is typically a grace period of 3 – 5 days.

What to do if you apologize to your landlord?

If you’re sincere and apologize, you may be able to ask for an extension, offer a partial payment and persuade them that it won’t happen again. Give your landlord assurance of your plan to pay and you may be able to stop them from reporting your late payment.

Can landlord report late payments to credit bureaus?

The sooner you can catch up, the less damage to your credit. When your account is current, you can write a goodwill letter asking the creditor to remove the negative mark. Can your landlord report your late payments to the credit bureaus? The short answer, yes they can, but it’s not easy.

Can landlords report late rent payments?

The short answer, yes they can, but it’s not easy. Each major credit bureau operates independently, so a landlord who is interested in reporting late rent payments would have to contact each bureau directly and subscribe to its services.

What can I do if my landlord will not accept my rent?

If your landlord will not accept rent, document your attempt to pay. Keep the money in your account or retain the money order. If there’s an issue with a property manager not accepting the rent, contact your landlord to find out why.

Can I withhold rent if my landlord does not fix problems?

Many jurisdictions enable tenants to withhold rent if the landlord does not fix a maintenance problem, especially if it is a habitability issue or a service expressly provided for in the lease.

What can a tenant do if a landlord will not respond to requests?

If a landlord does not respond to problems or maintenance requests, document each attempt to contact them and make a Complaint to Landlord to send via certified mail or other trackable method. If the landlord does not respond to your complaint in a reasonable time, then seeking out legal help may be in order.