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sanfranciscolandlord

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Posts: 3
Reply with quote  #1 
I have a commercial tenant (large retail chain) that repeatedly pays its rent late. My lease provides for a late fee in such cases and that such late fees are considered "rent" under their lease.  A representative of the tenant has verbally conveyed that their CEO has a policy of not paying late fees. I have yet to receive any written response from this tenant. My question is, Is it worth going through the unlawful detainer process to recover late fees? My intent is have them pay rent in a timely manner and the late fee seems to be my only leverage.
OHlandlord

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Posts: 3,720
Reply with quote  #2 
Why evict them if they are paying the rent?  Simply sue them in small claims court to get a judgment against the company for the late fees.  If the lease lists the late fees and you are sending them notices to pay them, it should be fairly easy to be awarded these in court.
sanfranciscolandlord

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Reply with quote  #3 
I was considering this course of action, but a judgement in small claims court does not guarantee payment. This corporation does not respond to anything sent to them in writing (or phone messages for that matter). I'd have to hire a collection agency and, I suspect, they would have no luck collecting such an award. The Unlawful Detainer has more weight, but costs much more in legal fees and time.
OHlandlord

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Reply with quote  #4 
Is the unit rented to the business, or did the owner/manager sign the agreement under his name?  If the tenant signed it and the lease is in his name, sue the tenant in small claims,. Get a judgment, then petition the court to garnish his wages from the corporate office.  While they can ignore a judgment, they cannot ignore a court order for wage garnishment or they can be held in contempt of court.  Additionally, once you have a judgment, you can turn it over to a collections agency to pursue them.  Nothing more annoying that the business getting calls (that any employee can pick up) from a collections agency.
sanfranciscolandlord

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Posts: 3
Reply with quote  #5 
This is a larger multi-national retail chain with thousands of locations across the US and Canada with their corporate offices  outside the US. The corporation is registered in Delaware (like so many are) with an outside firm registered as their service agent for service of process. They acquired this property lease in a stock transfer with the previous corporate owner. I have the name of the CEO but if they are served with a summons it must be done through their service of process company.
jitendrasnv

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Posts: 21
Reply with quote  #6 
Hey you can set the rule for the tenants and then get it signed with thme then it can solve your problem.

thanks


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lucy_ralph

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Posts: 10
Reply with quote  #7 
Before give your house on rent better take a agreement from them if they break rules take help to police
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lindamartin

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Posts: 4
Reply with quote  #8 
Now i come across rent collection issues..........
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