(STL.News) Renting a home should be simple. You continue to pay rent every month, and your landlord will keep the property in good shape. However, things don’t always go that smoothly. Late payments happen, and fees pile up. In the worst cases, eviction can become a real possibility.
Whether you are a tenant trying to protect yourself or a landlord trying to run a fair business, you need to have a solid understanding of the rules. We will share the key topics you should understand, including late fees, eviction protections, and best practices for both sides.
Rent Payment Rules: What is a Normal Late Fee for Rent and How to Set It
If you’re drafting a lease, you might ask, what is a normal late fee for rent to ensure your policy is reasonable and compliant.
Late fees are among the most complained-about tenant vs. landlord issues. It’s also an area where tenants and landlords often have wildly different opinions on what’s reasonable. Luckily for everyone, states usually have laws that lay this out pretty clearly.
How much should a late fee for rent be?
A reasonable late fee will generally be between 5% and 10% of your monthly rent payment. For a $ 1,200-per-month rent payment, you can expect a $60-$120 late fee. Some landlords charge a flat dollar amount, typically between $25 and $75.
Likewise, most states require landlords to provide a grace period before charging a late fee. This is typically three to five days after rent is due. If rent is due on the first of the month, a landlord generally can’t charge a late fee until the rent is late by three to five days (the fourth through sixth of the month, for example).
Keep these things in mind about late fees:
- State laws matter
Many states limit late fees in some way. California law mandates that late fees must be “reasonable”, for example. Texas law has very few restrictions on late fees, but a court can still rule that a fee is excessive and invalid.
- Late fees must be in writing
Whatever late fee your landlord charges must be clearly listed in the lease. A landlord cannot charge a fee that isn’t already in the lease.
- Late fees shouldn’t compound.
Generally, a landlord shouldn’t charge multiple late fees that add up day by day. A single late fee charged once per late payment is normal, and in many places it’s also the legal maximum.
Late fee tips for landlords
You should be reasonable with late fees. You probably don’t want to get into a legal battle over a late fee with your tenant. Even if you have every right to charge the late fee, they’ll probably view you as greedy, and it can ruin your relationship with otherwise good tenants. Agree on the late fee amount ahead of time, include it in the lease, explain it to your tenant when you go over the lease, and don’t waive it randomly.
Tips for tenants
Read your lease before you sign. If you see a problem with the late fee amount, ask about it. If you’re a good renter who’s been at your home for a while, your landlord might be willing to work with you.
Protecting Tenants: How to File a Hardship Stay of Eviction Explained
Understanding how to file a hardship stay of eviction can provide extra time to secure housing or financial assistance. A hardship stay of eviction is a legal motion filed to ask a judge to put an eviction on hold. It allows tenants additional time to secure new housing or otherwise work out their problems with their landlord. It does not reverse the eviction, but it can provide valuable time.
Here’s how you can do it:
Step 1: You get served with an eviction notice
Your landlord must provide written notice before filing for eviction. The duration of notice your landlord must provide varies by state. However, most states require either 3, 14, or 30 days’ notice, depending on the cause of eviction.
Step 2: Go to your court hearing
You must attend your court hearing. Failure to appear will automatically result in a judge granting your landlord’s request.
Step 3: Ask for a hardship stay
During the hearing, explain to the judge that you are requesting a hardship stay. Describe your situation to the judge. Whether it’s job loss, medical bills, a family emergency, or being unable to locate new housing in time, explain your circumstances clearly and concisely.
Step 4: Provide proof
Include any documentation that can substantiate your claim. This can include recent pay stubs, medical bills, termination notices, or evidence of your search for a new place to live.
Step 5: Judge makes a ruling
A judge can grant you anywhere from several days to several weeks.
Best Practices for Landlords: Balancing Fair Policies and Legal Compliance
Good landlords are good business people. As such, you should know how to be tough when necessary, but fair at all times.
You should always screen tenants before letting them rent. The better you screen your tenants before they move in, the less likely you’ll have problems later on. Credit checks, rental history, income verification, etc. Be sure to follow fair housing rules when screening tenants. You cannot discriminate against tenants who are part of a protected class, such as race, religion, sex, disability, etc.
You should also get your lease in order. Your lease is your first line of defense. Make sure it explicitly states when your rent is due, if you have a grace period, how much your late fee is, who’s responsible for maintenance, grounds for eviction, etc. If you don’t know what to include, have a real estate attorney help you.
It is better to talk to the tenants ahead of time. If they can’t pay rent, know before they miss a payment. Then you can offer to work out a payment plan. Evictions are lengthy, expensive, and stressful. Sometimes that one payment isn’t even worth your while.
Final Words
Whether you’re a landlord or a tenant, successfully renting a property is simple. You should know the rules and abide by them. Reasonable late fees allow landlords to collect without penalizing tenants. Hardship stays allow tenants every opportunity to catch up during difficult times. Clear policies, combined with effective communication, will minimize the need for trips to court.
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