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I'm a landlord with a tenant who's a single mother with two children. She's often late with rent but always lets me know ahead. At what point should I stop being nice and put my business first?

Im a landlord with a tenant whos a single mother with two children. She's often late with rent but always lets me know ahead. At what point should I stop being nice and put my business first?On the one hand, this is your business - your income, your retirement fund. If you want to give to charity, there are ways to do that. When you start giving people a place to live, rent free, you get in trouble. It’s critical to keep your boundaries clear, otherwise you get a major mess.On the other hand, she’s paying. She’s paying late, but she’s paying. Always be polite (until it’s time when you can’t be).Where or when do you draw the line?When she can’t pay the rent anymore. When it changes from, “I’ll have the rent, but it’s late,” to, “I’m sorry, but I can almost pay the rent, but not all of it.” That’s when you start processing things like you would for any tenant not paying the rent.I’ve had cases where tenants have talked to me about rent issues before. One example I’ve used on Quora is when a woman came in, explained how her husband lost a job, but found one nearby and they would be paying the rent, but it’d be late each month. She went over dates, explained why it’d be late for something like 4–5 months, then they’d be able to pay on time again. We documented this discussion. (By documented, I wrote it up, put it in letter form, and sent her a copy, so if there was a misunderstanding once it was recorded, she could respond and correct it.) She had told us by what day of the month they’d be paying rent and we did explain that we would still have to charge her late fees. However, we felt that by having this documented, it saved us from having to do more than send late rent notices. Essentially, unless her family was past the date they said it would take to pay, we felt we would not have to begin with getting a court date and so on.The reason we could do that is that we documented it. We made it clear that we had an understanding and what was expected of her and of us. Our expectation of her family was rent, even though late, would be in by a certain day, and we’d have to charge late fees. As long as it was in by that day, we didn’t have to start doing what we’d normally do if rent wasn’t paid.In your case, are you charging late fees where allowed? If you are not, this woman may not be seeing rent as the priority it should be. She may be thinking, “The landlord lets this slide, so I can just pay rent late.” If you aren’t charging late fees, you may want to say, “I understand, and I know you’re having trouble making it work, but I’m at the point where I will have to start charging you late fees.” I suspect, if you aren’t charging late fees and you do, she’ll be getting it in on time more often. In some regions, late fees are not honored should you find yourself in eviction proceedings. However, default rent rates are. If late fees are not allowed in your area, you may consider using a default rate of $50/$100 more than the original rate.What’s important to note is that she is paying rent. We all know how important that is and how it can be so frustrating when we have tenants that don’t pay. I know late payment is frustrating, too. But if it were me, and she was paying each month, I wouldn’t take any more action. When lease renewal came up, if there were an apartment that rented for less and gave her the room she needed, I’d call her and discuss that with her and ask if she’d like to move to the less expensive apartment.Edit:I’m seeing a lot of people have issues with charging a late fee. One person even suggested an edit to this answer to say something like, “Don’t charge late fees.” While I appreciate edits that fix typos and errors, that kind of edit significantly changes the intent of the answer and I consider that inappropriate.There are a number of reasons for charging late fees for everyone:As a landlord, you constantly have to deal with legal issues. One issue that’s always a potential threat is any lawsuit involving discrimination claims. If other tenants find out she’s not being charged late fees and they are, if they are different ethnicities or a different skin color, that can quickly lead to a discrimination lawsuit. Even if it’s groundless, it could cost thousands just to get it thrown out. In the case of such a lawsuit, you’ll need to be able to prove you’re treating all tenants equally.That $50 or even $30 late fee you’re not charging could end up costing you thousands of dollars.You can never be sure exactly what is going on with a tenant. I know of one person who would keep telling people how tough things were and how her illness made life so tough for her and would solicit donations for help in making ends meet. Then I found out she had a Facebook page that featured pictures of her on vacations in places like the Bahamas and Cancun. These were not rare trips, she was doing this kind of thing regularly. Another landlord told me about a case of three roommates that claimed they were having troubles paying rent because one of them had cancer. Later it came out they were lying.It’s really difficult to know exactly what is going on in a person’s life and if everything they say is on the level or not. She may really be struggling. She may be just a few bucks short each month because she’s been taking the kids out to dinner a few times a week. You never know for sure.If you’re a landlord with a large number of apartments, you’ll find that many people have sad stories about why their rent is late. It’s always a hard line between who is charged late fees and who isn’t. If you start allowing some people to skip late fees and others not to, then word is going to get out. Pretty soon everyone will be trying to make a claim of a sad story to avoid late fees. From there, see my first point about discrimination lawsuits.If you’re a small landlord, or if you’re a property manager for other property owners who are small owners, then the property owner is often not making a large profit on the rent. People don’t realize how often a large part of the rent check goes directly to paying a mortgage for the property. If the rent is late, that means the mortgage payment is late. In such a case, not charging late fees costs the owner money. They have to deal with late fees (or other issues) due to a late mortgage payment. Most landlords I know are in this kind of situation: They’re investing for retirement and make a downpayment on the house and the rent goes to pay the mortgage.We don’t know, and aren’t likely to know this tenant’s full finances. I’ve had people convince me to not charge late fees in the past. In one case, I found out the tenant had a gym membership that was auto-billed each month. If there wasn’t enough money in the account, she wasn’t allowed in the gym until the monthly fee was paid. Since she had convinced me to not charge late fees, she had more reason to pay the gym membership on time than her rent.Sometimes you can change the rent due date for a tenant. I like this solution, if it is manageable. The problem is there are many times it is not. For instance, if the owner is counting on the rent check to pay the mortgage, then the rent needs to be paid several days before the mortgage due date. You have to allow for time for the tenant’s check to clear, then time for your deposit to clear with the bank that holds the mortgage. These days that’s not long, but you have to allow for weekends and possible holidays to slow it up. That needs a week or so to be safe and avoid late fees.Even if there is no mortgage issue, processing late rent payments does involve other issues. Sometimes it’s as easy as making sure it’s documented. Other times it can involve having to send out a late notice and some other issues. That takes time and if you’re paying a property management firm, you need to cover the employee’s time involved in processing a late fee. (I know of one firm, for example, where late notices were sent via registered mail so they’d get a receipt back. The manager was also required to drive by the house or apartment and leave a late notice in the mail slot or hanging on the doorknob.) While the total cost is likely less than the late fee, there is still a cost involved.There are a number of reasons to continue to charge late fees. I’ve only given a short list. I realize that some landlords have never had potential discrimination issues and don’t realize how serious that can be. (I didn’t until someone in the management company I worked for said something stupid and it took one of our employees over an hour to smooth things over and prevent a lawsuit.) I also realize most people think of landlords as people with a lot of money and that’s often not the case. While charging late fees can be tough on tenants, not charging them can be tough on landlords. A landlord (whether a manager or an owner) is in business to make money. That doesn’t mean being hard hearted, but it does mean they do have to watch their budget and that not charging a late fee can be a notable problem for the landlord.

Suppose the rent my tenant pays is 30k but he reports 50k in HRA, would I be penalized by IT for this incorrect reporting? How often does these type of cases comes under IT notice?

As a Lessor/Landlord, you ensure the following:-Rental Agreement depicts, Monthly Rent Properly as Agreed Upon. i.e. Rs.30,000/-If You are Issuing Monthly Rental Receipts to tenants, ensure that same is Sent and Signed for Rs.30,000/- per month.The credit of Rental Income in the Bank Account is for Rs 30,000/-If you have followed the above procedures, then no need to worry, and even if the department calls for the details from you, you can justify the same to Tax Authorities with document and Evidence.One cannot predict how often these cases come before Income Tax to Scrutinize. This is a subjective thing. However, this is very much exposed to risk for “Tenant” because of the following reasons.As per CBDT circular 8/2013 dated 10th October 2013 Where the annual rent paid is more than Rs 1,00,000 per annum, it is mandatory for the Employer to Collect and to report the PAN of the landlord to the IT Department to claim HRA exemption. Therefore, an employer might have reported PAN to ITD with the Amount of Rent.ITR form requires the Landlord to furnish the PAN of the tenant while providing details of income from the house property along with the Rental details.Therefore as both details of Actual Rent Paid by the Tenant and Rent Reported by the Employee for HRA purpose is available with the Department, excess or under-reporting from either side can be caught easily with help of PAN Mapping & Income Tax Departments strong database.Thanks!

My leasing office said if I dont pay rent by April 10 I could be evicted I paid it lastnight and im struggling and feel I was lied to theirs a moraturium. They also charged me a late fee. Im in Clayton County, Georgia is this legal or harassment?

I'm not in Georgia, so I don't know if any GA state law may apply. (e.g., some type of tenant or consumer protection law). But since the CDC eviction moratorium applies nationwide, I'll give an answer with a note that individual states may have different residential landlord-tenant laws.First, the CDC eviction moratorium (now extended through June 30, 2021) protects tenants from eviction IF: (1) the sole issue for eviction is the nonpayment of rent (any other breach of the lease, including the end of the lease term, is not covered by the CDC Order); (2) the tenant meets certain criteria to be protected by the Order; and (3) the tenant provides the landlord with a written declaration that the tenant meets all eligibility criteria.However, the CDC Order does not instruct courts or local/state law enforcement to do, or refrain from doing, anything. The Order only states that, when a tenant has provided a landlord with a sworn written statement that the tenant is covered under the CDC Order, the landlord may be subject to criminal penalties if the landlord actually evicts the tenant.The Order does not prevent a landlord from giving eviction notices to tenants or filing with a court to begin eviction proceedings. Similarly, the Order does not prohibit courts from scheduling and holding eviction hearings, making eviction decisions, nor providing landlords with whatever writs/orders are needed to carry out the eviction. However, under the Order, a landlord may be criminally liable if the landlord ultimately evicts a protected tenant prior to June 30, 2021 (or whenever the Order ends).Also important to note about the CDC Order: it does not waive any rent obligation. In other words, the tenant will still be responsible for any unpaid rent or late fees.So I would think, unless GA has a specific law stating otherwise or has issued its own eviction moratorium with additional protections, a landlord may give a tenant notice threatening eviction or even file with a court to evict. But, if the landlord received a signed declaration from the tenant swearing to be protected by the CDC moratorium, then the landlord will have to wait until after June 30, 2021, (or whenever the CDC Order ends) to force the tenant to vacate the property.The CDC declaration form, which includes the eligibility criteria, can be found here:Coronavirus Disease 2019 (COVID-19)CDC provides credible COVID-19 health information to the U.S.https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html

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