@Charlie.Ansa , as per your post:
- “I am going to test this method of rent collection with my new park…”
- “At which point if you do not see the rent in your mail do you send a late fee notice?”
- “Do you make calls or just do everything via mail?”
- “Are your late notices via certified mail?”
Charlie, first of all Congratulations on your new park you are acquiring! How exciting!
Please note that I am not an Attorney and the Eviction Laws differ per state.
We are in South Carolina.
Our “Customer Payment Responsibilities” are:
- Due: 1st Or Before
- Late Fees - #1*: 2nd - 5th
- Late Fees - #2*: 6th And After
- Eviction Process*: Starts On The 6th
*Late Fees & Eviction Process is based on the Envelope Postmark Date.
All Payments should be mailed at:
- United States Post Office
IF Tenant is mailing their Payment on the 1st or After, Tenant must go inside USPS and have Employee Hand-Stamp Postmark Date.
The Payment Envelope must be Postmarked the 5th or Earlier to avoid the Eviction Process.
On the 5th those with NO Payment received are texted to give them a head’s up (as a Courtesy). Most have already mailed Payment (just not arrived). For those who have not mailed Payment this is just a “Friendly Reminder”.
For our area the Turn-around time is 2 Days for mail to reach our PO Box.
Thus, the PO Box is checked on the 7th. IF NO Payment by the 7th, the Eviction Process starts.
Our Leases are:
- Month-To-Month Leases
Our Leases (& Monthly Bills - as a Courtesy Reminder) contain the statement:
- “IF YOU DO NOT PAY YOUR RENT ON TIME. THIS IS YOUR NOTICE. IF YOU DO NOT PAY YOUR RENT WITHIN FIVE DAYS OF THE DUE DATE, THE LANDLORD CAN START TO HAVE YOU EVICTED. YOU WILL GET NO OTHER NOTICE AS LONG AS YOU LIVE IN THIS RENTAL UNIT.”
Thus, on the 7th we go to the Magistrate and file Eviction Papers.
As per your questions:
- “At which point if you do not see the rent in your mail do you send a late fee notice?”
On the 5th (as a Courtesy Reminder) will text Tenant that Payment has not been received - “Do you make calls or just do everything via mail?”
No calls - Text on the 5th - “Are your late notices via certified mail?”
No Late Notices Mailed - Not Required By Mail IF Statement (Provision) is in Month-To-Month Lease
Statement (Provision) in Month-To-Month Lease is Tenant’s Notification
As per South Carolina Code of Laws:
“If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired.”
We wish you the very best!
As per South Carolina Code of Laws:
_https://www.scstatehouse.gov/code/t27c040.php_
South Carolina Code of Laws
Unannotated
Title 27 - Property and Conveyances
CHAPTER 40
Residential Landlord and Tenant Act
ARTICLE 1
General Provisions and Definitions
SECTION 27-40-710. Noncompliance with rental agreement; failure to pay rent; removal of evicted tenant’s personal property.
(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord’s obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following or a substantially equivalent provision:
"IF YOU DO NOT PAY YOUR RENT ON TIME
This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit."
The presence of this provision in the rental agreement fully satisfies the “written notice” requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired.