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Some Landlords experience a tremendous amount of anxiety as the beginning of the month approaches. While this should be the best time of the Landlording process--the collection of rent, it ends of being a stressful exercise of chasing down a tenant who just isn't good at paying rent on time.
There is a constant cycle of tracking them down, reminding them that rent is due, getting a lot of excuses, and finally being satisfied with getting the rent or at least most of the rent. And every month has the same frustrations. Landlording just shouldn't be like that, and today, I'm going to show you a better way.
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"Don't just look for better Tenants. Continually look for ways to be a better Landlord, and your business will thrive."
--Ernie Garcia
The Law Office of Ernie Garcia represents Landlords in various trial cases in Texas Justice Courts, County Courts, District Courts, and even U.S. Federal District Courts in the Southern District of Texas. While our office is located in Houston, Texas and many of our cases are in Harris County, we have represented clients in Courts all throughout the State of Texas.
Our Landlord clients look to the Law Office of Ernie Garcia to send demand letters to tenants who have breached their residential or commercial leases. We prepare petitions for Eviction and represent Landlords, Investment Companies, and Property Managers involved in Evictions at the Justice Court and in Eviction Appeals.
The goal in every Eviction is full and final resolution, which sometimes includes Judgment, Writ of Possession, Abstract of Judgment, Writ of Execution, and even settlement. We also defend Landlords whose Tenants sue them in these same courts with claims for repairs, security deposits, or a variety of other Lease disputes.
Additionally, Ernie Garcia assists Landlords with drafting Leases that comport with the Texas Property Code and puts the Landlord in a firm position to derive the best benefit from the Landlord/Tenant relationship. He routinely delivers Notice to Vacate, Notice of Lease Termination, or Notice of Non-renewal for Landlords seeking to end a Lease relationship with a bad tenant. Ernie Garcia shows clients how the Eviction process can improve Tenant cooperation and reduces the potentially enormous losses that come from continued instances of partial and late payments.
Ernie Garcia has over 10 years of litigation experience in jury trials and bench trials. He has also represented clients on appeal to the First and Fourteenth Texas Courts of Appeal.
Through the years our philosophy has never changed. We are here for the benefit of our clients, and we seek to improve situations and to create innovative solutions to conflicts that affect the property, accounts, and business assets of the people we represent.
To contact us by Email: Info@attorneyEG.com
Call or Text: 832-305-7694
Visit us online at: attorneyeg.com/index.html
The information and materials made available on this video are provided by The Law Office of Ernie Garcia, PLLC for informational purposes only and do not constitute legal advice. The transmission and receipt of the information in this video does not form or constitute an attorney-client relationship. Individuals receiving said information should not act upon it without seeking professional legal counsel.
My grandma used to say "pay your rent if nothing else, even before food", my mother followed that same advice and she's now 93 living with me for past 10 years and I follow that same advice to this day for me and for my tenants
Ernie, I really appreciate the reminders you bring forth. Because, no matter how long you’ve been a landlord, the rules are not always clear. Thank you, again for sharing your knowledge.
You're very welcome. It's true. I speak to veteran landlords all the time, and sometimes there's a new way to do something or a common mistake that should have been corrected years ago that a CZcams video illustrates quickly. I deal with landlord problems every day, so when we find a new solution, I talk about it here.
If your tenant pays late file the eviction then either follow thru or only accept the rent, late charges, filing fees, and the next two months rent. They will never be late again. Trust me
Interesting strategy. You allow the tenant to stay but only with a firm commitment from them. I like it.
Thanks for the video mr. Ernie.
You're very welcome!
Good points, esp about landlords who treat it as a hobby. Tenants pay their cell phone bills so their phone service isn't turned off, they have money for gas, fast food, and cigarettes, but often don't make rent their first priority. We have a few tenants who always pay late and we have made a lot of money on late fees from them, which we explain to them that we HATE seeing people paying late fees but we have to follow the lease terms that we both signed and agreed to. Finally, we post a 3-day notice to pay or quit when rent is 3 calendar days late, and proceed to file in court if rent remains unpaid. Like you say, it is a business.
True. I wonder if this constant willingness to pay late fees is an indication that rent or the late fees themselves are too low. In Texas, the max late fee is generally 12% of the rent, so I recommend a 3% late fee for each day rent is late, up to 4 days total.
It is NOT "a business". It is a JOB. Your JOB is to give people a PLEASANT place to LIVE and keep them happy so they STAY. You are not selling a PRODUCT. You are not selling a SERVICE. We are not ORDERING places live at a drive-thru, are we? WHY does it MATTER that "they are late"-they PAY, right? Then WHY is there a problem??? There is NOT. Quit TREATING us like thieving buttholes looting and damaging your store. It's NOT a business, it is a JOB TITLE.
I just had $41k withdrawn unexpectedly from my account (an ER medical, heart surgery), and basically, all I need is a 3 week grace period -- continuously, and I don't know what to do
In Ohio, if a tenant frequently pays late, it is looked at differently. Here, if a LL regularly accepts those frequently late rents then if it wound up in court, generally a judge will rule that the LL considered that acceptable.
To protect himself it is recommended the LL sends a written notice that although he has accepted late rents in the past, he will no longer accept late payments, and from that point and in the future rents must be in full and on time.
Courts in Texas can rule the same way. I tell landlords this all the time. It's important to follow the lease and to be consistent with enforcement.
We just got out of residential altogether. Great video!
Thanks!
I understand that things happen. Once or twice a year is understandable. But I don’t get people that constantly pay late. Like our late fee is $100. So if they pay late 6 months out the year, they’ve essentially forked over $600. Which for a lot of people could cover a significant portion of their rent.
Sometimes I just talk to people and be like “hey, think about the extra money you could use for gas, savings, stuff for your kids, etc., if you stopped giving me an extra $100 every month”. Usually that gets people to understand.
Had a tenant who would pay whenever they wanted to pay, as such we never knew when we would be getting the rent. Requiring us to constantly reach out to them. We did not renew them. We have another tenant who insists on paying on the 15th of each month. We informed them that rent is due on the 1st, anything after the 5th, they get charged a $75 late fee, and if we don't receive rent on or before the 15th we file at district court. He said he understands he will pay the extra $75 each month and pay us on the 15th. Going on 4 years now, and he has paid every day on the 15th via auto pay. And we are getting an extra $900/year from him in late fees. No complaints.
I always tell Landlords that when a tenant routinely pays late fees, it's time to increase the rent. That fee should sting enough to correct the behavior. If it's too low, it'll make no difference.
Im learning a landlords sacrifice of low rents etc..often makes no difference in their behavior to do the right thing. If they are the type who don't like to pay for where they live or take care of the property or respect neighbors and follow rules it will be a constant issue you will be dealing with. It is better to consistently enforce the rules and stay current with rent increases as the market demands as well as the increases in the cost of maintenance and utilities.
Hi! Thank you for this great video. It was very informative and helpful. My question is, should you send your late notice through the mail. Along with letting them know through email or text... is the postal mail required in the court process for records?
Is mail required? Probably not, but that particular detail will depend on your state. Are you in Texas? If so, it's my experience that Texas Courts love delivery by mail, especially when it's by regular AND certified mail. If you're asking, "Can I also send it by email, text, fax, personal delivery, etc.?" Yes. As long as you deliver in at least 1 proper way, you can deliver in as many alternative ways as you please. There's no such thing as too much notice, only too little.
Some people seem addicted to paying late fees. Thanks for the info.
Yep. That's a clear sign that rent just isn't high enough.
Smart 4ss
@@mimusic1853 Personally, I'd go as high as Smart 9ss!
You know I worked for a car auction for 10 years these cars came in with everything in them on them and around them never heard of that happening really makes me suspicious. I also used to work on and own several vehicles had leaves all over them live in the country never had that problem.
Attorney if I put in my lease washer/dryer and electricity in my name.. if the tenant stops paying..
Can I remove washer/dryer and remove my name off the light bill?
Probably not. To terminate their rights, you probably need to evict them.
Hello. Do you have advice on CO tenant late fees?
Depends on what you need. I can't advise you on state law or procedure, but I can offer general advice regarding fees.
Most people pay their rent on the first of the month for the 3rd of the month anything but those two days to me it's ridiculous before the 1st of the month I have never heard that before
My question is if you already made a partial payment with a date to pay the balance can a eviction still be filed
Yes, the Landlord can file for eviction if the rent has not been paid in full
Once a tenant is late and receives a notice to vacate by a certain day…Is it legal to require them to pay for the late/current month AND the next month before it is even due in order to avoid eviction?
Generally speaking, yes. This may be a term of your settlement in order to reaffirm the lease agreement.
Be sure to check your local laws though. In Ohio, you cannot require the following month’s rent until you file AND go to court and make an agreement at court. You can ask but the tenant can tell you to “fuck off idc if it’s the 22nd - I have this month’s rent”. Because in Ohio, you’re only filing eviction for whatever month is applicable so if they’re only 1 month behind, you cannot force a tenant to pay the next month’s rent.
I gave a tenant a notice of non-renewal & he’s leaving but he’s refusing to play last 2 months of rent & is avoiding getting served a 5 day notice. He has 3 weeks left, any recommendation?
I usually deliver my Notice to Vacate by regular and certified US Mail, which cannot be refuted by the tenant.
What if the tenant has been late for the last 3 or more years, then the landlord want to file eviction the last month of the lease? Would that be a defense for the tenant to win the eviction?
Depends on the judge and depends on whether the tenant remained in possession beyond the lease term. A breach is a breach no matter how often or how infrequently it occurs.
Why if u pay your rent 3 days after u supposed to pay do u still get eviction
Usually, no because landprefer rent over evictions, but it's still a lease violation that should be addressed.
My tenant sent me a text on the 2nd he will try to pay by Friday.
He said "try"
I said " I understand, thank you" he's always complaining about low trips, since he's a truck driver, so i genuinely understand these hard times.
Did i look weak by being a good guy?
I don't need him to rent but obviously i want him to stay, maybe he'll think i need him after that text.
If anything, your late payment policy should be clear and consistent. I suggest send a Notice to Vacate on day 7 of the month. As long as you set a clear expectation, "try" turns into "definitely will," and, if not, you proceed to evict.
Here's a video on the topic:
czcams.com/video/7KgaQBTPhmM/video.htmlsi=D1b1rqt2RYTjoZ2d
RIGHTS FOR LANDLORDS ‼️
Amen!
I give my tenants until the 5th of month to pay rent with no late fees. On the 6th of the month, a late fee of 50.00 is charge and 5.00 each day after. I really should enforce my late fees, bit usually I give my tenant a get out of jail free card. At the end of the day, I'm happy rent is paid.
Thank you for your feedback.
@@angrycannibal6625 Agree
What is your response to if the renter consistently pays late but does pay that they are paying as agreed in the lease?
Generally, the default section of a written lease describes non-timely or untimely payment as breach or default. If a Tenant pays late, that is still default which is a violation of the stated terms of the lease, and landlord should issue written notice so that this does not repeat. If the pattern continues, the landlord will eventually have proper cause for eviction, even while the tenatn continues to pay all rent and fees. The questions for the landlord would be:
1. Does collecting rent like this bother me at all?
2. Is it worth evicting this tenant?
3. Is it worth keeping this tenant beyond the original lease term?
4. Would I recommend this tenant to another landlord?
Responses to these questions will vary between different landlords and may help someone decide whether this is truly problematic or not.
@@LandlordAttorney I appreciate your reply. I live and have rentals in NC so our laws are a bit different but probably not by much. If a renter is in technical default by not paying on the 1st (and I agree you can evict for that, but I am suspect if the magistrate judges here will be happy about that), doesn't the renter cure the default when they pay after 1st plus any applicable late fees?
I have asked myself the 4 questions and I have realized if you are having to ask these questions, then you should be looking for an exit strategy for that renter and then re-evaluate your qualification criteria.
I speak with some new landlords who are just besides themselves when they do not get paid in the first 5 days of the month here. I remind them that if the renter pays the late fee, then they are paying as agreed. Other than anxiety and stress, this is actually beneficial financially as you make more money. I tend to give to the 15th before I consider action. I appreciate your video.
@@markpoultonsrules Thanks for sharing your thoughts here. I appreciate it.
Most people pay their rent between the first in the 3rd of the month some landlords give you at least three days difference it's all about the situation with the person
Some leases allow a grace period. Please alwasy refer to your lease.
How much should you charge for a late fee?
In Texas, the max is generally 12%, so I recommend 3% of the rent each day for 4 days. This has quick impact and hopefully deters future late payments.
I charge 50.00 late fee on the 6th of the month and 5.00 each day after. 9 out of 10 times, I waive late fees if tenants are honestly having financial difficulties.
It costs mote to file an eviction, market your apartment and do repairs before a new tenant to move in.
@genew5758 True, but at a certain point, a bad tenant becomes an even greater liability, so that cost suddenly becomes worth it
I currently a tenant who's ignored a 3 day notice and hasn't paid any April rent. I've sent him a late notice with late fee as well. Can i move straight to eviction or it best to hire an eviction attorney?
Thank You.
Are you leasing this property in Texas? If so, I'd advise you to file your Eviction once the 3-day period has lapsed. However, without seeing what's in your Notice or knowing how you delivered it, I can't say whether your Notice was proper or not. If you're outside of Texas, I can't advise you at all.
Rent was due on the first, but he paid me on the 6th after receiving a written hand delivered eviction notice on the 5th. He did not pay a late fee this time or previously when he was late. Can I still proceed with eviction after 3 days wait period of eviction notice? because he didn't pay the late fee? Additionally, rent was late before I didn't get late fee also didn't get repair deductible . He is abusing my house and causing emotional harassment by calling the police when I go there for scheduled repairs demanding i can't supervise the work while repairman are working , and he is also calling the city with fabricated stories of mold. This behavior shows a really horrible and narcissistic mentality. it's in texas pls help
What if tenant says theyre on disability? And cant find a job 🤔
That's not a defense to late payment or nonpayment.
Completely not enforceable in NYC!
I'm sorry to hear that. Yeah, some jurisdictions are tougher on landlords than others.
Just add late fees
I always tell landlords, "If a tenant is repeatedly paying late fees, that's a clear indication that the rent is too low."
Jesus loves and saves. John 3:16🕊️✨💌
Agreed.
The ERROR IN NEW LANDLORD THINKING: "It's a business." HOUSING is not a "business"-you are NOT providing a PRODUCT or SERVICE. We are not your CUSTOMERS. Being a landlord is a JOB, not a "business". We are HUMANS, not BOTS. We are not PERFECT. WHY do noob landlords INSIST on rent due on the FIRST, when NOBODY gets PAID on the first?! People on Social Security get paid on the THIRD. What is wrong with-wow-your tenant ALWAYS PAYS, and does it before the 5th every month-the 10th of every month??? A good, clean tennant and go make a fuss because it "doesn't fit" YOUR "business model"??? You are not WALMART. And we are not some jerk customers. A place to live is not a PRODUCT. A place to live is not a SERVICE. It is a NEED, not a GOOD on a shelf. New landlords make renting absolute hell. Pure hell. So many finicky rules that we can't really be people anymore. Minimum maintenance, maximum profit, "Well, if you don't like it, just move"-THAT is what your property "management" company does to us. And, you hire them because YOU just don't want to do your JOB, which is to take care of not just your property-YOUR tenants. Just do your JOB, which is running rental housing.
The "business" is residential leasing. There are many jobs in this business field. Among those is that of a Landlord.
If you're getting paid monthly on the 3rd, that money is supposed to go to the following month's rent. For example, the money I made in August goes to my September's rent.
I feel bad for your landlord 😂
oh people like you erk my nerves…….
you’ll be paying back if it takes the rest of my life i would make sure of it, Also as a landlord i would make sure your credit is effected for 7 years. DONT SIGN A LEASE IF YOU CANT PAY IT!!!!!!!
GET TF OUT OF HERE. gO rent a room if you can’t afford it we don’t care about your PITTY excuses.
@@MrMasterskywalkeri swear! i pray for that landlord. This is crazy this is not a negotiation this is MY property NOT YOURS and you will pay one way or another