Late Rental Payments - Penalty?

[rowz]

Greetings from the North Jersey Shore.

I have a L/.T issue. I rent a SFH to a husband and wife, 2 small children and the wifes Mom.
All 3 adults are on the lease.

The tenant has yet to pay rent on time [5 months]. I said I would "work with them" as their MIL's SS check goes for rent and I expected then to get their finances together in time which would alllow them to pay on the First.

My fiance is on my case about it.
I do not want to loose them. They have been paying albeit not on time.
The husband pays the rent via check.

My question is how should I handle the issue of slow pay.

Last month I sent the H+W a letter & the MIL received was sent one as well. First Class, not Certified.
The husband tossed the leter to me, unopened and said something like " If I read this, I"LL have to start writing letters".

The MIL did get hers & shared it with her daughter.

The letter dealt with the rental payments and said:

"The rent for September was handed over on Thursday Sept. 9 and was not accepted by the bank for payment that same day. The rent check was cashed on Friday morning Sept. 10.

To explain, the rent IS DUE on the first of every month. Any rent payment received after the first is considered late. There is a 5 day “grace period” that allows you to pay the rent after the first without incurring the late fee.

From this point forward the rent must now be paid with only a Bank Certified check or a Money Order from the United State Post Office. No other form of payment will be accepted.
Rent is due on the first and is considered late on the second.

Should you pay the rent at any time past 5 days of the due date then the 5% late fee ($95.00) will be due. That late fee will then be due at the same time as the rental payment.

Please refer to your Rental Agreeement & the Letter Addendum if you have any questions".
How should I proceed to levy & collect the late fee?
I am expecting resistence.

Oh, the husband attempted to pay the rent today [in cash] but 500.00 short with a promise to pay Friday.
I said that I will be giving him a receipt and he said that he did not/did not NEED one. ]thats one trap I am not stepping into]
I did not accept the partial and tomorrow the late fee is triggered by operation of law and the lease.

Should I take the rent & request the late fee at this time, or is it now part of Novembers rent?

Should I notice all the lease holders about the additional rent, this time via Certified Mail?

Thank you alll for time,input and attention.

RowZ

 

[atomizer]

In many states, once you accept partial payments, you cannot evict. The courts see this as a separate agreement and will not grant you an eviction. Your tenants need training and after accepting partial and late payments they just don't understand why you are getting upset. You need to decide if you are willing to put up with the hassles of these tenants or are ready to get new ones that can pay on time.

If you are fed up with the late and partial payments, you need to post a notice to quit and start the eviction process according to your state landlord tenant laws.

When get new tenants I always tell them that if rent is not in on time I will start the eviction process as soon as the state allows me too. That they will be responsible for late, court, and possibly attorney fees. That once I start the eviction process I will not drop it.

 

[applecruncher]

The letter is just reminding them when the rent is due and that if it's not paid by the 5th there will be a late charge. They already know that - I don't see the point. And you're accepting partial payments. That's not a solution. You say you don't want to lose them, so guess that means you'll continue to put up with them paying when/if they want to.

What is it you want us to tell you?

 

[rowz]

Thanks for the replies.

Let me clear uhopingp something. I am not and have not accepted partial payments. My boyfriend did not let me do that.

What am I looking for?....well I was looking for somethingother thatn what I am hearing at home, but the BF is saying the same thing, follow the eviction process and let the chips fall.

Oh...so when IS the late fee due & payable, with this months or next months rent?

Again, my thanks

 

[Dave1952]

We don't know when the late fee is due. That should be in the lease. You didn't try to impose a "late fee" with the recent letter, right? The late fee is either in the lease or it does not exist.

Good luck