Landlord Newsletter - Additional Rent |
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LPA Lease Clause #2: "Additional Rent" Most lease agreements provide for “Additional Rent” or “Added Rent”. Simply put, “Additional Rent” is a term which represents a charge to the tenant for something the tenant is responsible to pay. A common example of “Added Rent” is when the tenant is responsible for grounds upkeep and the grass grows to be two feet high. The landlord calls the tenant or sends a Grounds Violation Notice telling the tenant the grounds need to be tended to and the grass needs to be mowed. The notice gives the tenant say 3 days to cure this default in the lease and if it doesn’t get done in 3 days, the landlord or manager may get it done at the tenant’s expense. That charge to the tenant is collectable as “Added Rent”.
"Added Rent" is often applied to other common items such as late fees, legal or collection fees, unpaid utility charges, etc.
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Real Estate Attorney John Reno, an expert in landlord tenant legal matters, has specialized in landlord tenant law for many years. Mr. Reno answers questions asked by LPA members to help solve all kinds of landlord tenant problems.
Dear Mr. Reno:
I am a property manager for a LL that is not in the city in which the property is. We have a tenant who was severed a 3 day notice for non payment as of 3/1/15 on 3/16/15. Lease doesn't state payment can not be made by personal check and tenant dropped a payment in drop slot on 3/20/15 as per the notice expiration date.
I have the check but called the tenant and refused payment, and sent a email to her demanding payment in certified funds on 3/24/2015 before next day 3/25 @9am or would evict her. Will I have my eviction dismissed since the post notice was sent after the original 3 day notice and not in proper format.
Thanks,
Roberta, Fl
A: I would deposit the check. Otherwise, she's just going to come into court and make the payment, and you'll be dismissed on that basis. You'll get your Certified funds, but that seems like a lot of trouble to go through to get'em.
If you have a landlord tenant problem you'd like to ask a question about, please feel free to e-mail me your question.
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