When dealing with a tenant that is late with the rent or has paid only part of the total fee, you should consider your options carefully. No matter how convincing a tenant may be, making exceptions could set you up for future late or unpaid rent.

Making it crystal clear at the beginning of the relationship that rent is due on the first of the month and there are no exceptions can help avoid problems in the first place. However, if tenants are still unable or unwilling to pay rent on time, the laws in your state may provide you with a variety of options.

Notice to Pay or Quit

Most states allow landlords to send a notice to quit one day after the rent was due while others provide tenants with a short grace period. Follow the law in your state and make sure your notice letter is in the proper format.

Proper service

Do the laws in your state allow you to serve the notice in person or are you allowed to send it by mail? Getting service correct is critical to making sure eviction would be enforceable.

Eviction

If you’ve communicated with the tenant, served the proper notice and still don’t have the full rent, it may be time to start the formal eviction process.

Choosing the course of action which best meets your needs depends on the specific circumstances of the situation, the terms of the lease, and the law in your state. A LegalShield plan lets you speak to a lawyer familiar with the laws in your state. Your provider lawyer can also review lease documents at no additional charge. Legal support, advice and document review can go a long way when trying to recover unpaid rent.

Are you unsure if you are responsible for a specific repair or what to do about a tenant that calls to complain about something every week? Landlords are legally required to provide a safe and habitable rental unit. A landlord is not, however, required to respond to excessive and unreasonable repair requests. If you find damage to your rental unit after a tenant has moved out, you may have a right to withhold part or all of the security deposit you collected.

Do you know which types of damages qualify? The terms of the lease and laws of the state can dictate how a request for return of the deposit must be made, the obligations of a landlord if they are not going to return all or part of the deposit, the deadlines of the parties, and what deductions can be made to cover repairs or monies owed. Also, each state has different laws that dictate how you have to communicate your intention to use security deposit funds to repair damage. Some states require you to provide detailed invoices and receipts to prove the amount of damages you can deduct. When you become aware that a tenant may be damaging your property, you may need to investigate the situation before you can determine the appropriate response.

Did the tenant actually damage something or was it just loud noise coming from the property? Do they plan to fix the damage or do you need to pursue eviction? You may not be able to answer these questions without speaking to the tenant or entering the property and documenting the situation through pictures and video. Before you enter the property, it may be worthwhile to speak with a lawyer to make sure you don’t violate a tenant’s rights.