What to Do?
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
What to Do? (by Doogie [KS]) Jul 12, 2019 11:02 AM
       What to Do? (by Vee [OH]) Jul 12, 2019 11:34 AM
       What to Do? (by Richard [MI]) Jul 12, 2019 11:37 AM
       What to Do? (by Still Learning [NH]) Jul 12, 2019 12:05 PM
       What to Do? (by Barb [MO]) Jul 12, 2019 12:40 PM
       What to Do? (by CGB [MI]) Jul 12, 2019 1:03 PM
       What to Do? (by AllyM [NJ]) Jul 12, 2019 1:12 PM
       What to Do? (by Mary [MI]) Jul 12, 2019 1:19 PM
       What to Do? (by Mary [MI]) Jul 12, 2019 1:20 PM
       What to Do? (by Landlord ofthe Flies [TX]) Jul 12, 2019 1:48 PM
       What to Do? (by DJ [VA]) Jul 12, 2019 1:52 PM
       What to Do? (by RentsDue [MA]) Jul 12, 2019 2:34 PM
       What to Do? (by WMH [NC]) Jul 12, 2019 2:37 PM
       What to Do? (by Busy [WI]) Jul 12, 2019 2:42 PM
       What to Do? (by LindaJ [NY]) Jul 12, 2019 2:44 PM
       What to Do? (by Doogie [KS]) Jul 12, 2019 3:27 PM
       What to Do? (by Busy [WI]) Jul 12, 2019 7:27 PM
       What to Do? (by MC [PA]) Jul 12, 2019 8:58 PM
       What to Do? (by Sisco [MO]) Jul 13, 2019 3:12 PM
       What to Do? (by MC [PA]) Jul 13, 2019 8:11 PM
       What to Do? (by JKJ [MA]) Jul 13, 2019 8:55 PM
       What to Do? (by Lucy [IN]) Jul 15, 2019 2:12 AM


What to Do? (by Doogie [KS]) Posted on: Jul 12, 2019 11:02 AM
Message:

This is a bit longer of a read. I apologize for that, but appreciate any constructive ideas you can offer. Thanks in advance.

Ok folks, have a dilemma here and am looking for suggestions on how to proceed. I have a tenant that has lived in one of my units for several years. Typically has been a good tenant. Used to pay late occasionally, but not since I started with ZT policy. Had an issue this month however.

My options to pay rent are to take it to the bank, or mail it to my PO Box. This tenant paid at the bank this month (on time, no issues there). The problem was she went through the drive through to pay. A couple years ago, my bank went through a major "upgrade" and installed ATM machines at all drive thrus and has video chat capability to their main branch. The computer system this uses is different and then just feeds into their main system. When someone goes through the drive thru, I cannot see who paid as it shows up online differently and the name/address is not available. It's extremely stupid, but it is what it is.

When someone goes through the drive thru, I have to go through a process of elimination to figure out who paid and then ask. Once I figure it out, I have a canned thing I send them thanking them for paying rent, but please remember to go inside and pay so it uses the main computer and I can see who paid and know who to credit it to. All have said "Ok, no problem". Most have even apologized for going through the drive thru.

So this month I figured out who it was and sent my canned message. This tenant went BALLISTIC! I really was caught off guard and couldn't believe it. She was NOT going inside as it is too inconvenient for her, I should not be her landlord, bring the old guy back, She knows she paid and has a receipt so that's all that matters to her. I simply explained to her that I have x options for paying rent. Please make sure to do those so I know who to credit it to. I got another nasty gram reply.

A few days later, I sent a rent increase letter to her. She is approx $75 under market and I raised it $25. Planned on going up $25/year to get it up to market. You can imagine the response I got to this. In her book of a response, she said she is not accepting the rent increase especially since I didn't increase her neighbor (she's half right, neighbor is going up too, but hasn't got the letter yet). She will NOT be paying the increase and another dig about she WILL be going through the drive thru to pay.

Now my question is how to handle this? Before you totally jump on me, I do realize that it may look like retaliation to do the rent increase so soon. Maybe should have sent neighbor's letter at same time, I realize this now. My question is how to proceed from here though. Technically, she hasn't done anything against the lease. Only the threat of it. So do you wait for her not to pay the upped amount and file eviction for $25 in unpaid rent? Do you give her a 30 day notice to just move and increase it $75 for rerent for being a general PIA? I should mention that switching banks isn't an option either. Besides, this is the only tenant that has had an issue, so that doesn't seem reasonable anyway. One thing that keeps going through my mind is "The LL is in charge, the tenant is NOT". She's been a good tenant for years, but the other thing I keep hearing myself say is "They are good tenants until they are not."

--68.102.xxx.xx




What to Do? (by Vee [OH]) Posted on: Jul 12, 2019 11:34 AM
Message:

Tell her the options - the way I see it - 1.) pay or 2.)pack up, However next time go off by 1 dollar so you know who did pay without a lot of mystery guessing games. --76.188.xxx.xx




What to Do? (by Richard [MI]) Posted on: Jul 12, 2019 11:37 AM
Message:

When a tenant gets nasty with me, they are quickly gone. There are plenty to replace them.

Raise new rent by $75-100 and require new tenant to use autopay. Take the rent on the due day, don't hope they make the deposit. --172.222.xx.x




What to Do? (by Still Learning [NH]) Posted on: Jul 12, 2019 12:05 PM
Message:

Let her know the rent increase is not an option and she can choose to pay it or leave by the end of the month and if she opts do do neither then you will begin the eviction process. --96.81.xxx.xxx




What to Do? (by Barb [MO]) Posted on: Jul 12, 2019 12:40 PM
Message:

I switched to auto-debit and love it. The few who don't use the service pay via Zellepay. I can live with the few on Zellepay. The rest LOVE the auto-debit.

Does this notice go into effect for August 1? Are they month to month?

If M2M, I would see if she pays on Aug 1 the new amount. If not, I would send a cure or quit notice, along with a statement regarding the missing rent and the now due late fee for not paying the full rent amount.

In a couple of months, I would raise the rent by another $50 so they are up to market rent. At the same time, I would start offering auto-debit via Clearnow. By upping the rent, you are more than covering the Clearnow fee.

So much easier than trying to figure out who paid what at the bank, and so much faster than processing all the checks in the mail!

If she is an annual contract, then as soon as you get the missed increase payment, I would send the cure or quit. Sadly, you'll not be able to increase rent enough. Next year, they get the full increase to market rent.

I'd still implement auto-debit. --131.151.xx.xx




What to Do? (by CGB [MI]) Posted on: Jul 12, 2019 1:03 PM
Message:

Your tenant thinks she is in charge. You need to establish that you are in charge and quickly. Unfortunately, I dont think, based on what you have posted, that she is salvageable. If you keep her as a tenant, her behaviour will not improve and likely intensify. I would cease communication, send her a notice of non renewal and give her a cleaning list to maximize security deposit return. She will complain to you and the neighbors. Ignore it. Send notice of entry to inspect the unit for anticipated repairs and re rent quickly. --74.199.xx.xxx




What to Do? (by AllyM [NJ]) Posted on: Jul 12, 2019 1:12 PM
Message:

OK, send her a letter explaining that you made a mistake on the rent increase and it is actually $23 and you sent it too soon, computer glitch. Tell her it starts in September and her neighbor is also getting an increase. So now you have an odd number of rent due and you can tell who went through the drive through. You can blame the computer and smooth it out. Then simply not mention the drive through again. Women get like this once a month. I am one. I know how it used to be. OK for 3/4 of the month and then a raving lunatic. Which is why there is difficulty with equal pay. --173.61.xxx.xx




What to Do? (by Mary [MI]) Posted on: Jul 12, 2019 1:19 PM
Message:

I agree with CGB MI Things will never be right with this person. If it is not this problem it will be another problem so do not renew the lease. You will avoid the next problem and will be able to raise your rent to the market rate.

And she does feel like she is in charge. --68.32.xxx.xxx




What to Do? (by Mary [MI]) Posted on: Jul 12, 2019 1:20 PM
Message:

I agree with CGB MI Things will never be right with this person. If it is not this problem it will be another problem so do not renew the lease. You will avoid the next problem and will be able to raise your rent to the market rate.

And she does feel like she is in charge. --68.32.xxx.xxx




What to Do? (by Landlord ofthe Flies [TX]) Posted on: Jul 12, 2019 1:48 PM
Message:

Now that they bank has automated their tellers, you need to rethink your payment strategy. Like others have said, using Clearnow solves all your problems. It's effortless. No matching required. No late payments to chase after.

My bank, Comerica did the same thing. Sometimes when I try to deposit checks, they don't scan correctly, and I have to take the check to another machine inside. Not cool. And since it's a business account, I can't deposit checks by phone app. I'm considering changing banks due to the robo-teller issue. Plus, if you don't endorse the check and don't have a pen, you're screwed. I think the only advantage to these robo-tellers is longer hours maybe?

I like Ally's idea that it's a mistake on start date. But the tenant is going to see it as a win either way. If you lower the amt, a win. If you delay the start, a win. Tenant now in charge.

Give her three options:

1. Accept rent increase, and setup autopay via clearnow.

2. Accept rent increase, and take a photo of the deposit slip (both sides if prints duplex) with her phone and text it to you.

3. Get out.

I'd push for option 1 so you don't have to deal with this issue again.

You might want to consider going online and see what the bank's website shows per deposit. They may give you a copy of the check. --108.69.xxx.xxx




What to Do? (by DJ [VA]) Posted on: Jul 12, 2019 1:52 PM
Message:

Yup! She's passed her expiration date. She was good for a while, but now has spoiled/soured, like milk.

She not only is disrespecting you and the legal contract she signed, but she is working on stirring up the neighbors against you. I think she will need to go. Better sooner than later.

It sounds like you have a good grasp on the situation. Just continue to act professionally - enforcing the rental agreement fully.

She has acknowledged receiving the notice of rent increase. (The neighbor's business is none of her business, so totally ignore that). Just wait and see if she complies. If not, take the next legal professional step as spelled out in your state's laws and your rental agreement.

BTW: Does your agreement say to take it INTO the bank, or just TO the bank. You told everyone nicely what you prefer, but if it isn't that specific in the agreement, she may have a valid point about using the drive-through, and you really can't enforce it. Different, odd amounts of rent can help with sorting it out - until your updated, more specific version of rental agreement is implemented. Of course, her attitude and stirring up the neighbors is the big problem.

Take a deep breath......exhale.... do it again..... feel better? ; )

--68.10.xxx.x




What to Do? (by RentsDue [MA]) Posted on: Jul 12, 2019 2:34 PM
Message:

I just dealt with this. Tenant called up and screamed at me for not getting her “permission “ to do improvements to the outside of property. I terminated her tenancy , but offered her s new one at a much higher rent. No room for discussion. When she why it wasn’t negotiable I was very clear- my name is on the deed and yours is not. --71.10.xxx.xxx




What to Do? (by WMH [NC]) Posted on: Jul 12, 2019 2:37 PM
Message:

Too late now, but I would have told her to please text you a copy of her receipt from the drive-through. Quick and easy to do, still convenient for her.

But really, too late now. --50.82.xxx.xx




What to Do? (by Busy [WI]) Posted on: Jul 12, 2019 2:42 PM
Message:

Not commenting on tenant’ s behavior , but parking the car, unloading the rugrats, trudging everyone into a bank vs doing a drive through.... hmmmm think of those Wal-Mart ads for their grocery service..... Jurassic Park truck swings through the grocery drive-through, and some employee loads the groceries in the back, while all the little dinosaurs are yammering away in the back seat. Nobody wants to get all those little monsters out of their car seats and trundle them all into the grocery store, or the bank. Everybody is tired, kids are hungry, and, there are other options available for rent collection.

It might be possible for this (and all of your tenants) tenant to utilize a bank transfer method, so she doesn’t even have to go to the bank at all. My tenants use Zelle, or Wells Fargo transfer, off of their smart phones. Both of our bank accounts show exactly who is the sender/receiver, no confusion. And no fees for the service. As others mentioned, there are other ways as well.

So, you could send out a letter with a new option for rent payment, discussing how convenient it will be for everyone, no one has to make one more stop on their way home from work.

--172.58.xxx.xxx




What to Do? (by LindaJ [NY]) Posted on: Jul 12, 2019 2:44 PM
Message:

I prefer to walk into the bank myself, but so many people prefer the drive thru. Requiring someone to use a certain bank, (maybe a certain location) and WALKING in seems a little too controlling to me. SO either change the amount so it is different by a dollar, or ask them to text you while they are there (you can compare time stamps) or text a picture of the receipt as soon as she gets it.

I always give someone the benefit of the doubt if they get pissy with me. Sometimes there are things going on that I don't know about and it makes for a cranky day I just added to. However, I don't accept it as the norm. Unfortunately, your increasing her rent and not the other at the same time doesn't look nice either. So now you need to inform her, that not accepting the rent increase means she will need to move, if she doesn't you need to start the court process.

If you want to keep her, then you might have to explain that everyone's rent is going up, but you understand she was having a bad day and maybe we can find a way to use the drive thru... one of the above options. --108.4.xxx.xx




What to Do? (by Doogie [KS]) Posted on: Jul 12, 2019 3:27 PM
Message:

Thank you for the replies everyone. I tend to agree with everyone that she has outstayed her welcome. I figured she was headed out anyway. Yall are also correct in that the rent increase is not optional. If I change tenants, it goes up $75 - $100, so I'm not giving in on $25. The dollar amount differences may help, so I will keep that in mind.

Busy - your scenario makes sense and I understand what you're getting at. This tenant is single and no kids however. So this scenario wouldn't be in play.

I understand the push for auto debit. I like the idea a lot. The problem that I have is most of my tenants are low income and do not have a bank account. If I make having an account a requirement, I cut out a lot of my tenant pool.

WMH - I used to use this method of having them text me when deposit was made. It didn't work. Nobody did. So, I was in the same boat I'm currently in.

Supposedly the bank is "upgrading" their systems again so that I can actually see what's done. No ETA on when that will be of course. If they pay by check or money order, I can see it ok and it's typically not an issue. When they pay cash however, it's anyone's guess. --68.102.xxx.xx




What to Do? (by Busy [WI]) Posted on: Jul 12, 2019 7:27 PM
Message:

If many of your tenants are working at retail stores and chain restaurants, they might be getting paid on a Visa debit card. The card just gets reloaded each pay period. So, maybe look into one of the services that lets tenants pay with a Debit (or credit card) . That would put it back to a convenient pay method, though there is a fee.

Just trying to generate other solutions.... --70.92.xxx.xxx




What to Do? (by MC [PA]) Posted on: Jul 12, 2019 8:58 PM
Message:

I personally walk int the back-I like to know who i am dealing with there. I doubt you can tell someone to go into the bank-we are also a lazy society. Yep, sent rent increase-not optional to pay if given with state law. She has already acknowledged she knows about it by saying she won't pay. Post eviction if necessary. You hate to do it but she is not in charge. She has the option to leave. It is none of anyone else business what you charge other tenants and if they got an increase. We have several rentals that are multis-each one has something the other unit doesn't have so discretionary what we want to charge or who we want to increase. Good tenants tend to stay the same for me for longer-less issues are rewarded. --73.230.xxx.xx




What to Do? (by Sisco [MO]) Posted on: Jul 13, 2019 3:12 PM
Message:

She has established that she is uncooperative. Making nice is not working.

Sign a new lease that includes your rent increase and that ACH is the only acceptable method of payment.

Cell phone, cable, car insurance, car loans, all auto debit- no options. --72.172.xxx.xx




What to Do? (by MC [PA]) Posted on: Jul 13, 2019 8:11 PM
Message:

Wow I must have been tired. Meant to say I personally walk in to the bank. --73.230.xxx.xx




What to Do? (by JKJ [MA]) Posted on: Jul 13, 2019 8:55 PM
Message:

As others have said, send her a letter telling her the rent increase is due on such and such a date and her option for payment that you will accept. If she fails to pay the rent increase or refuses to pay in the manner you accept you will begin the eviction process. --174.192.x.xxx




What to Do? (by Lucy [IN]) Posted on: Jul 15, 2019 2:12 AM
Message:

One thing I do is ask them to text me when they make a payment and the amount. I started adding a $5 fee in my lease if they don't text me. It does help, but she sounds like someone who may not text.

I would probably wait until she doesn't pay the upped rent, then send a Pay or Quit Notice and even though you maybe don't want to, follow through if necessary. I kindof doubt it will be necessary to go all the way through to eviction if she realizes you are Serious as a heart attack.

Ignore the comment about the neighbor not having rent increased and go on with your biz. --174.231.x.xxx





Reply:
Subject: RE: What to Do?
Your Name:
Your State:

Message:
What to Do?
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: