Advice for When You Cannot Afford This Month's Rent

Here are some dos and don'ts of paying rent late--including how to negotiate a partial or delayed rent payment.

Rare is the tenant who's never had a problem paying rent on time or in full. If you are a conscientious and honest tenant who is temporarily short on funds, most landlords won't evict you for paying rent a little late one month. To avoid problems, follow this advice.

Evictions During the Coronavirus Outbreak

Many states and cities have implemented eviction moratoriums for the duration of the COVID-19 outbreak. Even if there isn't a ban, most courts across the United States have postponed hearings on non-essential matters—including hearings on eviction and landlord-tenant matters. However, most courts are still hearing eviction matters that are based on reasons other than nonpayment of rent—such as selling drugs on the property or posing a threat to other people or property.

No matter if there is an eviction ban in your area, you are still obliged to pay rent. Depending on the language of a ban, your landlord might be able to assess late fees, interest, or other penalties for not paying the rent on time. If you don't think you can pay your rent due to COVID-19 related hardships, you have options, and you should consider talking with your landlord as soon as possible.

Check your local court's website for more information about the status of eviction lawsuits where you live. Also, consider looking into obtaining assistance from federal, state, local, private, or non-profit sources.

Try to Negotiate a Partial or Delayed Rent Payment

You're more likely to be successful (and avoid an eviction lawsuit) by being up front with your landlord about your situation, and asking for an extension. A landlord who considers you a good tenant won't want to lose you, since it's often difficult and expensive to evict you, then find and move in good tenants. This means you can probably get the landlord to accept a portion of the rent now—maybe even a small portion—and the rest later. Here are some basic steps to take:

Ask your landlord in writing (as far in advance as possible) for a few extra days.
Explain your difficulties and emphasize (if you can) that they are only temporary.
Offer (if at all possible) to pay at least some of the rent on time.
Give your landlord written assurance of your plan to pay the full rent by a certain date, such as the 15th of the month—and make sure you keep your promise.
Explain that the problem won't happen again and that you'll pay your rent on time in the future.
Be prepared to pay a late fee if the landlord has a late fee policy. Or, if you think your landlord will be responsive and your late rent is a rare occurrence, see if you can get him to forgo a late fee.

Don't Ignore the Problem and Hope It Will Go Away

If you can't pay the rent on time, you may be tempted to hope the landlord won't notice—after all, she's got many tenants to keep track of, and one late check will hardly be noticed, right? Wrong. Remember, it's likely that your landlord is counting on your timely check to cover her own mortgage payment. Because the bank won't forgive her tardiness, she can't afford to ignore yours. And it's equally naive to think that you can ignore the landlord's phone calls or emails or think that she will swallow ridiculously lame excuses.

Never Send a Check You Know Will Bounce

Nothing infuriates a landlord more than dealing with a sneaky tenant who consistently bounces rent checks. Stirring up your landlord's ire isn't the only consequence of a bad check: Keep in mind that sending a worthless check (or one that's not signed) is like sending no rent at all. If your landlord has a late fee policy, it will kick in regardless of your bounced check; and, if the landlord chooses, he can also terminate your tenancy.

Like any other business, your landlord has the legal right to charge you if your rent check bounces. The charge must be reasonable—such as the amount the bank charges for a returned check, probably $10 to $20 per returned item, plus a few dollars for the landlord's trouble.

Your landlord should tell you in advance—in the lease or rental agreement, orally, or by means of an obvious sign in the rental office where you bring your monthly check—that a bounced check fee will be imposed.

A landlord who considers you a good tenant won't want to lose you, since it's often difficult and expensive to evict you, then find and move in good tenants. This means you can probably get the landlord to accept a portion of the rent now—maybe even a small portion—and the rest later. Here are some basic steps to take:

Ask your landlord in writing (as far in advance as possible) for a few extra days.
Explain your difficulties and emphasize (if you can) that they are only temporary.
Offer (if at all possible) to pay at least some of the rent on time.
Give your landlord written assurance of your plan to pay the full rent by a certain date, such as the 15th of the month—and make sure you keep your promise.
Explain that the problem won't happen again and that you'll pay your rent on time in the future.
Be prepared to pay a late fee if the landlord has a late fee policy. Or, if you think your landlord will be responsive and your late rent is a rare occurrence, see if you can get him to forgo a late fee.