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It could be worse, they could just not pay at all and knowing that MA favors tennants, it'd take months and 1000's to evict. =\ How about sending a reminder before the 1st next month?
The laws are different in every state, but usually they do require a notice. Here after the fifth late day, Landlord sends out a three day notice to quit (basically a reminder to pay) If not paid within the three days, the landlord can then begin eviction proceedings. All of this has to be done via certified letter.
Sorry they are late every month, that isn't fair to you. You should check out your local landlord rights group and they will be able to get you the specifics for your state.
If you want to keep them, I would ask for post-dated cheques or insist that they arrange automatic deposit to your account.
If not, and you think you can replace them, I would give them notice.
I agree with everything that tksjewelry said above. Here in Ontario we have specific timelines and forms that need to be filled out in order for the eviction to be considered valid. The notices tend to scare the tenant into paying though.
Here in CT everyone gets a 10 day grace period, which means that rent may be due on the first of the month, but we can't do anything about it until the 11th of the month.
We offer a $20 discount to our tenants if we receive payment before the 1st of the month. It works every time.
@heathaah: I give my tenants until the 5th of the month but the rent is technically due on the 1st. They've never paid beyond the 2nd or 3rd. Its hard to find good tenants. If you don't have any other issues with them, I'd let it go.
I know you posted about this before- here in WI we legally have until the 6th to pay rent. MT was the same way. There is no penalty until after the 6th. It is not late until after the 6th. I have always paid on the 6th. (long time renter here!) I think getting paid exactly on the first is more of an exception than a rule. (I know it can be hard if your mortgage is due on the first, but legally tenants have some lee-way. )
If we don't pay by the 6th, then we get fined.
ETA: Some landlords actually offer a discount if people pay ON the first- like $50 off rent- as an incentive, maybe consider that. It is inappropriate to ask them why they are late. They are NOT late until legally late. You have to chose your battles. It is not that they "forgot." If a landlord was contacting me before I was legally late, I might actually report it.
What does your lease say? If they are late, do you charge them a fee? Is there any penalty for them sending their check in late?
All leases I have signed always say that if they have not received the month's rent by the 4th of the month, a penalty fee of $______ will be applied.
You charge them a fee every day it is late past the 5th. Legally here in Minnesota we have until the 5th to pay rent. Check out the laws and kindly remind them of the laws. Maybe ask them why they are late every month? maybe they do not get paid until lets say the 6th, you could change the day that their rent is due. If they do not budge I would ask them to move out.
Can they pay you directly through their checking account? So that they can set up an auto pay? I am "late" every month because I have to deposit to the bank. Check pay set up helped.
In our lease, if it's after the first, they add a $50 fee. By the 6th they send notice of eviction, and the ninth they will evict. That's in WI - but I would at least look into adding some kind of (significant) fee if it's late. What's in your contract with them?
I agree, if you dont have other issues with them, i would give them until the 5th. If it goes on beyond that every month, I would tell that you want to speak with them.
Maybe they are having some kind of financial hardship (not that it's your problem) but I've heard of people paying rent weekly or bi-weekly.
If you become too pushy people could retalliate by not paying anything at all. :-(
As a long time renter, I have always given my landlord post-dated cheques to avoid this problem. I agree iwth everything the above posters have said though:
1. Good tenents are IMPOSSIBLE to find. As a renter who has lived in apartments with psychos and a good friend of a few landlords, if this is your biggest problem, brush it off.
2. Try getting them to give you post-dated cheques or have an automatic email sent out to them each month on the 28th or so reminding them of upcoming rent. You can also see if you can set up a direct deposit-- my rent at once place came directly out of my bank account and was deposited to my landlord's bank account on the 1st of each month (or the next working day after that).
3. You can always try a penalty fee. I have signed a few leases with this, but I know that it is technically illegal where I live (so are damage deposits and I've paid plenty of those, so meh...). Anyways, I have signed one lease where if rent came after the 5th I had to pay a $50 late fee with $10 late fee for every day after that it was due. Another place if I was late I had to pay a 10% late fee. Another place I had up until the 5th to call my landlord and "plead my case" as to why I needed an extension (as he said, he rather have a phone call than a bounced cheque) and if I didn't call, there was a $75 late payment fee.
In the end, if the tenants aren't great and you think you can find better ones, I would suggest contacting the local landlord board in your area to find out your rights as they vary from state to state and province to province.
hey I wish my landlord would cash the checks I send her sometimes she waits over a month to cash the check
although I am not a landlord I have a couple of landlords that have done both the discount and a late payment charge of 5 dollars everyday the rent is late
i think it's strange to hear all of you saying that good tenants are impossible to find. I consider myself an EXTREMELY good tenant. i've never ever had a check arrive later than the 1st, or had to post date checks. i also take really good care of all the homes i've lived in. Interesting to hear that this behavior isn't normal...
@KateByDesign: Yeah I think right now (at least in my area) there is an abundance of renters. With a lot of people losing their houses or downsizing - renting is becoming more popular. Our complex (well at least all the parking) is pretty much full and there are never problems with noise.....so they seem to be good renters :)
My FI's car broke down and we had to use some of our rent money to fix it (I felt so bad- it was the 1st time my rent was late in the 5 years I lived here)... if we didn't he would have lost his job and we would have been in a much worse situation. We called our landlady and she gave us 2 weeks to pay it with a $50 late fee. I'd say just let them know there will be a late fee if they miss the next month and from here on out. I would guess that would work, it sure made us decide next time the car breaks we'll just go to the bank and take out a small loan or something, that was rough and we had back to back rent due with extra money we had to find for the late fee, tough stuff with living paycheck to paycheck... I can't wait to own a house.
@KateByDesign: When I was a renter I would have thought the same thing. My roommates and I always paid rent on time and did not make noise, cause problems, etc. After you meet with many people interested in renting your property, I realized this is NOT the case at all. Finding someone who has decent references and will be able to afford the rent every month is harder than it looks!!
What does the lease SAY? I normally write leases with rent due on the 1st, later after 3rd, $50 late fee. The owners who always get rent late are usually the ones who do not enforce late fees. (From my experience)
@KateByDesign: lol I came to find good landlords are hard to find too though.
Rent is due from my tennats on the 1st, but I also give them until the 5th to pay. Recently I had one tennant fall terribly behind after months of always paying late. I was hestiate to take action because he was still paying at the end of the month and assured me he would catch up and start paying ontime. I was an idiot to let it go on as long as it did and now I am out a lot of money and in process of evicting them. He seemed to care less eventhough I was so patient and tried to be understanding. I just served them last week and am waiting to receive their legal response. Although its annoying to always have to remind them, I think waiting until the 5th is totally fine. Just move quick if they are late beyond that. I am learning the lesson the hard way.
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Our tennants are late with their rent every single month. I have to remind them to pay EVERY MONTH. I send a message on about the 4th or 5th reminding them rent was due on the 1st. I am tired of having to send reminders.
Here we are again, January 3rd, and I haven't heard from them. Do I REALLY need to remind them? Should I be more harsh? It is getting ridiculous.
Thanks!