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TxMQF

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Posts: 2
Reply with quote  #1 
Tenants have been late 3/5 months. They rented July 2017 on 2 year lease. In the last 5 months, 2 of the late payments were at their “convenience”. As late as the 17th of the month. This month, at 5pm on the first, I reminded them rent is due on the 1st. They responded “it’s not due until the 3rd. There is a leak in the ceiling of the great room.” I sent a copy of the leasehighlighting the paragraph stating rent is due on the 1st, late fees waived if paid before 3rd. They didn’t want to talk to me and asked to speak to my husband. My husband reiterated rent is due on the 1st, which they replied they are not a child and don’t need a reminder that rent is due and promptly hung up on him.
There is still 8 months left on the lease. I’ve considered pursuing eviction due to chronic late payments. What are your thoughts?
LLinVA

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Posts: 404
Reply with quote  #2 
It is a tad much to bug them at 5 pm on the first. Do they pay electronically or through the mail? If the lease allows them to pay until the third without a late fee, that's the deal you agreed to (and why we removed that from our lease). If they choose to pay late and pay the late fee described in the lease, that's the deal you agreed to. It certainly isn't ideal, but it is what both parties agreed to.

Do the lease and state allow for you to evict due to late payments? I don't think we could here in Virginia if they were paid up by the time we went to court.

I just consider it a 10% premium as a tax on their stupidity. 
TxMQF

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Posts: 2
Reply with quote  #3 
Thank you. From what I’ve read, in Texas, you have to notify the tenant rent is due and then post a “pay or quit” before you can pursue eviction. I’m unsure about whether or not Texas allows eviction for late payments. I’ve read that it’s possible but am not sure what to believe. My notifying them rent is due is part of the required process in the event eviction is pursued for non payment.
LLinVA

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Posts: 404
Reply with quote  #4 
I think the pay or quit notice serves the purpose of notifying them. I don't think you have to notify them before the pay or quit, by Texas may be different. 

Do they pay electronically?

I still think it's too soon to bug them on the day it's due, especially when you already agreed to not even charge a late fee until the third. It's not the same, but most tenants read that as "rent's due on the third" since for them, there is no difference in paying on the 1st or the 3rd.
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