A tenant repeatedly pays rent three to four weeks late and only after multiple reminders but eventually brings the balance current. How can I enforce consistent, on-time payments without unnecessarily escalating the situation?
This is a timely question given recent changes in the local rent law. Traditionally, SFAA has urged members to vigilantly enforce material lease requirements, because if you are lackadaisical and inconsistent with demanding compliance, certain residents will inevitably fail to take their obligations seriously. Worse, there is a legal doctrine known as “waiver” which means that a court may opt to forego accountability for a breach of a lease requirement that you have neglected to regularly uphold.
Undoubtedly, timely payment of rent is one of the most important obligations that we impose onto our residents. Indeed, property expenses like debt payments, taxes, insurance, maintenance, and utilities are to be paid promptly, and so our tenants should likewise be required to uphold their end of the bargain. Sometimes, as noted by the question, someone will scoff at this obligation.
Hence, to maintain proper governance of the relationship, always object to this practice in writing, and do so each time the transgression occurs. The SFAA Residential Tenancy warns that:
“The provision for payment of a late charge does not constitute a grace period, and Owner may serve a Notice to Pay Rent or Quit on the day after the Due Date. Owner and Tenant agree that Tenant paying rent late on three (3) separate occasions within any twelve (12) month period shall constitute habitual late payment of rent and may be considered a just cause recovery of possession of the Premises.”
Remind your residents that repeated late payment of rent may be grounds to terminate the tenancy, as the rent law permits an eviction when the tenant “[h]abitually pays the rent late.” Finally, if the problem persists after multiple warnings, you may have to start serving notices to pay or quit which, if not timely complied with, may permit you to file an action in superior court for unlawful detainer. But this is a measure of last resort. And, effective November of 2026, newly passed legislation may impact the ability to begin legal proceedings against residents that opt to ignore payment deadlines.
As noted in SFAA’s call to action email blasts, the Board of Supervisors just passed a new law — which Mayor Lurie signed — that will bar landlords from evicting tenants for nonpayment of rent unless the unpaid amount exceeds one month of federal fair market rent. All notices to pay rent must now state the number of bedrooms in the tenant’s rental unit, and the amount of rent demanded must be more than current HUD fair market valuations for that unit size even though the tenancy may not be HUD-subsidized. So, for all SF rentals, you should consult with legal counsel to ascertain the minimum threshold that may be stated in a three-day notice for that particularly sized apartment. Unquestionably, residents that have been in place for lengthy periods of time will likely have a monthly rent lower than the minimum threshold.
Thankfully, the legality of this bill, which was also adopted in Los Angeles a few years ago, will be decided soon by the California Supreme Court, and SFAA in conjunction with CAA will be joining this fight by submitting supporting briefs to the Court. But for now, the ability to compel certain tenants to timely pay rent may be somewhat impeded. That said, and regardless of this new legislation’s tenure, always (i) document in writing to the tenant your objection to the late payment; (ii) remind the delinquent payer that habitual late payment of rent may result in the ultimate termination of the tenancy; and (iii) confer with your attorney if the problem persists, as a more formalized legal notice may need to be issued to address the problem. Whatever you do, do not ignore the transgression with the hope that it will subside, as doing so invites the defense of waiver and essentially concedes your future ability to insist upon faithful performance of this very material lease covenant.