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What to Do (and What Not to) When a Tenants Rent Is Late Check Your Lease Documents and Payment Records. As silly as it may sound, double-check your records to make sure the tenant is truly late with their rent. Send a Late Rent Notice. Make a Phone Call. Send a Pay or Quit Notice. Take Legal Action.
If you do not have your landlords permission to stay in your apartment after your lease or agreement ends or after your landlord terminates your tenancy by sending you a notice to quit, you are a tenant at sufferance .
The landlord can sue the tenant for unpaid rent (or for other damages) in either a civil or a small claims case. The landlord may consider this if the tenant owes rent but has moved out before the landlord files an eviction case.
Late Payment Penalty: A landlord cannot charge interest or a penalty on late rent until 30 days after the due date. However, the landlord can begin the eviction process immediately, even if the rent is only one day overdue. The landlord also cannot use a reverse penalty clause to encourage you to pay early.
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