What next... (by JamesD [CO]) Jan 18, 2009 7:00 AM|
What next... (by MrRational [MD]) Jan 18, 2009 7:05 AM
What next... (by Jeffrey [VA]) Jan 18, 2009 7:06 AM
What next... (by JamesD [CO]) Jan 18, 2009 9:43 AM
What next... (by JamesD [CO]) Jan 18, 2009 9:48 AM
What next... (by Susan [CO]) Jan 18, 2009 11:47 AM
What next... (by Virden [OH]) Jan 18, 2009 3:39 PM
What next... (by Sandy [CO]) Jan 18, 2009 8:41 PM
What next... (by JamesD [CO]) Posted on: Jan 18, 2009 7:00 AM
We've had great tenants in our property for 9 months now - father and son. There were no major problems in the past. This month something started happening - the son paid his part of the rent on time. The father had asked us to wait until January 10 to cash his check (changing payrolls at his work) - he added extra $100 of late fees in his check. We obliged...waited and cashed his check on Mon 1/12 - only to find out that it came back with NSF!
I called him and he said that he was very sorry and embarassed and that he'd drop off the check the same day. Unfortunately he didn't... so I guess this is where the games start.
In their lease it says that if they get 2 NSFs that they will need to go to Cashier's check or Money Order - guess we'll need to do that.
But meanwhile, how do I go about properly collecting what's due?! Help me out please.
What next... (by MrRational [MD]) Posted on: Jan 18, 2009 7:05 AM
Search for "joint and several". Hopefully you have this term in your lease... it will make things simpler.
Unpaid rent = "pay or quit" notice to remedy.
NSF= small claims court to recover.
What next... (by Jeffrey [VA]) Posted on: Jan 18, 2009 7:06 AM
James, have you started the eviction process by sending or serving a Pay or Quit Notice. That's the first step when someone does not pay on time. Even if you are hoping that they will be able to work something out, you always start the eviction process just in case things don't go as people promise, so that you will not be further delayed in getting your property back. --64.12.xxx.xxx
What next... (by JamesD [CO]) Posted on: Jan 18, 2009 9:43 AM
Yes, I do have --98.245.xx.xx
What next... (by JamesD [CO]) Posted on: Jan 18, 2009 9:48 AM
Yes, I do have the "joint and several" in our lease...
I will send out the "Pay or Quit" notice by mail - what happens if after sending it out they pay the money due and make things right - is there something I need to do to 'cancel' the PoQ notice that went out?! Wanna make sure I do this right.
What next... (by Susan [CO]) Posted on: Jan 18, 2009 11:47 AM
Jeffrey is right, always serve the 3-day demand for compliance or possession. Also, in the future, do not accept post-dated checks so you do not run into an argument that the rent was paid -- with a post-dated check and therefore you do not have the right to post a 3-day notice.
Colorado has a very cool bad check law unless it is rectified YOU can sue for 3 times the face value of the check. Just put "colorado bad check law" in your browser and read all about it.
Personally, I have a philosophy of giving people the benefit of the doubt. If they've been perfect payers up till this situation and they make good on it quickly, then let them still pay by check. If it happens again, stop accepting checks immediately.
This economy (and there were a lot of employers that had mandatory shutdowns over the holidays) is unique. As lessors, we have to figure out where to draw the line while allowing otherwise good tenants a bit of latitude. My line is always that if a tenant does what they say they will do. Serve the notice today if you can, then if they pay in full in the next 3 days, point out that when they said they would pay on ___ day and did not, it worried you that perhaps you could not trust their word in the future and to be careful to promise what they will truly deliver. This sets clear future expectations and informs them of a line YOU will always uphold. --207.69.xxx.xxx
What next... (by Virden [OH]) Posted on: Jan 18, 2009 3:39 PM
This is what you have right?
(XX) JOINT AND SEVERAL TENANCY: If more than one person signs this lease as a Tenant, their obligations are joint and several. This means that each person is responsible not only for his or her individual obligations, but also for the obligations of all other Tenants. This includes paying rent and performing all other terms of this lease. A judgment entered against one or more Tenant(s) does not bar an action against the others. Each Tenant must initial this paragraph: (1) ______, (2) ______, (3) ______, (4) ______.
Also do not accept split rents, it all comes with one check or money order and based on what just happened you should inform them in writing that you will no longer accept checks from them, only certified funds for the entire amount plus the late fees and process costs if it goes that direction. --76.241.xxx.xx
What next... (by Sandy [CO]) Posted on: Jan 18, 2009 8:41 PM
You'll need to post the 3-day notice on the door (tape it right on the front door) or knock on the door and hand it directly to one of the occupants (must be over 18 years). (I perfer to just tape it on the front door, then I don't have any possible problems). They will have 3 full business days to pay you, not counting the day you posted the notice. If they pay, the 3-day pay or quit notice is cancelled (you need do nothing more.
Take payment in cash only, at this point. Then next month's payment is up to you, but I would only accept payment for the full rent amount.
If the tenants call to complain about the posting, I try to keep the situation calm, and say it's just what we have to do and if you can pay within the next couple days, it'll be no problem.
By the way....
In Colorado it's a felony to write a bad check for any amount over $400.00. It's something you can mention to the tenant, if you feel it's necessary.