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Managing the Problem Tenant as a Landlord: Why Avoiding Partial and Late Payments is Key

Posted by Stephanie Bahr | Jan 28, 2025 | 0 Comments

Title: Managing the Problem Tenant as a Landlord: Why Avoiding Partial and Late Payments is Key

As a landlord, dealing with problem tenants can be challenging. One of the most common issues that arise is partial or late payments, which can disrupt cash flow and lead to legal complications. To maintain control of your property management, it's crucial to set clear expectations regarding rent payments and address problems promptly.

Why Partial Payments Can Be Problematic

Accepting partial rent payments might seem like an easy solution when a tenant faces financial hardship. However, regularly accepting less than the full rent can set a dangerous precedent. It may encourage tenants to continue paying late or in smaller amounts, and it can ultimately affect your ability to enforce the original lease terms. More importantly, partial payments can lead to changes in the timing and structure of your lease agreement, complicating future legal action if necessary.

Establishing Clear Payment Terms

Ensure that your lease agreement clearly outlines payment terms from the start. Specify that rent must be paid in full on time each month and that partial payments will not be accepted. However, if you do decide to accept a late or partial payment, it's important to document this in writing. Both parties should sign an agreement stating that the acceptance of such payments does not modify or waive any terms of the original lease. This documentation ensures that your rights are protected and prevents future misunderstandings.

Taking Action When Issues Arise

If a tenant consistently fails to make timely payments, address the issue quickly. Open communication is key—remind them of the lease terms and any consequences for continued late payments. If the problem persists, more formal actions, including legal steps, may be necessary.

In conclusion, managing problem tenants requires clear communication and a firm stance on rent payment policies. By avoiding partial payments and ensuring any exceptions are documented in writing, you protect your lease terms and rental income.

About the Author

Stephanie Bahr

Stephanie Bahr is a full-time Legal Assistant at Foley and Foley Law Office, P.C. She was born in Edina, Minnesota, and has resided in Watertown, South Dakota since 1992. To further her education after high school, she attended St. Cloud State University and Mt. Marty College. As a teenager and f...

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