rent control tenants late with rent
the rent control tenants (since september) have been late with rent and then its not complete. So as of today they payed 1/2 the rent and the rest will not come till next week. I have been extremly understanding …sometimes things are hard. But this is now a convinience pattern especially since they just bought…
the rent control tenants (since september) have been late with rent and then its not complete. So as of today they payed 1/2 the rent and the rest will not come till next week. I have been extremly understanding …sometimes things are hard. But this is now a convinience pattern especially since they just bought a huge plasma tv this week. Can I charge a late fee? or what can I do?
You need legal advice. Go talk to the RSA. You can be understanding but you also need to be firm and to start putting things in writing.
If you are going to go in with an attorney you should go all the way. You can try to claim the apartment for personal use.
once upon a time, i had a trio of rent control tenants. One was chronic complainer and there wasn’t much I could do to make his apartment better or bigger or add building staff beyond myself in a brownstone. I did my best. After 15+ years, he decided to short me $100 per month on a $400 rent. I sent the rent back each month and demanded the correct payment. At Month three, I arranged for a three day notice and a dispossess. He made payment in full prior to the first court date and we never had any problems on this count again. When he won the lottery (really!) a few years later, I gave him a moving gift. I wished him a long and healthy life. I lost a month’s rent on this issue, but I got the cooperation I needed.
I have the rent control tenants from hell. The common perception is that the Landlords harass the tenants, my tenants persecute me.
You have to check their lease to see if you can charge a late fee, I can pretty much tell you that clause won’t be in there.
What will happen is that you can get a lawyer, serve some bullshit papers, and then the tenants will become “activated”.Busting your chops will become their sole focus in life. You probably have a job, children etc. None of my rent control tenants work, why should they, they live for free. You, like me, are probably not a professional landlord. What you should do is get a real lawyer, check out your options, and make nice with the tenants. You can divorce your spouse, rent control tenants are forever.
When you make nice with the tenants you get a better understanding of their situation. Would they like to go live with a child out of state? Is their goal to retire to Florida? You mention that you have money to offer them, do you mean to buy them out? I wouldn’t offer them anything unsolicited, try to find out their goals in life. If you offer them $100,000 now, that will become the base figure later. If they aren’t ready to move, in ten years time they will want $500,000.
Conclusion don’t get in a pissing match that you won’t win
I think the answer you are getting is that you need to hire a lawyer to advise you.
we have money to offer them. but they may refuse. I just spet 700 fixing the plumbing they attached a garden hose to the wall and destroyed yet again the downstairs ceiling and now my ceiling 2 floors below as well as not paying rent on time or complete. So question again. Can I charge a late fee for late payment?
This is a case of letting sleeping dogs lie. Instead of paying an attorney a few thousand dollars to rile them up, fix the plumbing in their bathroom and smile every time you see them.
There is a law firm in Manhattan Belkin, Burden, Wenig who are the guys for rent control. Maybe you should see them and discretely explore your options, most likely you’re stuck with the tenants.
it is control NOT stabilized so can i refuse partial payment and put in the late fee?
I assume that the apt is rent stabilized not controlled.
NEVER accept partial monthly rental payments. Unlike the previous poster, I’m not going assume that they pay “rock bottom” rent as many RS tenants do not.
RS leases usually have a default clause about the rent being due on the 1st. (RSA leases clause 5) and a grace period (clause 6) when a late fee may be assessed. Most landlords usually give 5-10 days and around $25 – $50.
I would say, fist off, do you have a copy of the lease? or did you inherit these tenants. You should “remind” them via certified letter that expect the rent on the 1st.
Assuming, you are a smaller LL, you can contact the RSA, http://www.rsanyc.com or an attorney for advice.