When is rent considered late?

With the following clause in a lease, when is the ren considered late? Is rent late after the 1st but no late fee charged until after the 5th or is it considered late after the 5th?

21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within five (5) days (hereinafter referred to as the "grace period")of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of 5 Dollars ($5) per day after said grace period.

[OHlandlord]

If your lease says rent is due on the first, but you have a grace period of 5 days, your rent is late on the 2nd. A grace period has nothing to do with when the rent is actually late. Tenants often confuse the two. A grace period is a period where the penalties for being late are put on hold. The grace period has to do with when those charges for being late kick in. So your rent is late on the 2nd, but the LL (or state law) has graciously allowed late fees to not be charged until it is 5 days later.

BTW, are the late fees capped at some level, or does the $5 per day fee add up as long as its not paid?

$5 per day until paid.

If the following clause is in the lease, can you terminate the agreement on the 8th if rent is not paid?

20. DEFAULT. If Tenant fails to comply with any of the material provisions of this Agreement, other than the covenant to pay rent, or of any present rules and regulations or any that may be hereafter prescribed by Landlord, or materially fails to comply with any duties imposed on Tenant by statute, within seven (7) days after delivery of written notice by Landlord specifying the non-compliance and indicating the intention of Landlord to terminate the Lease by reason thereof, Landlord may terminate this Agreement. If Tenant fails to pay rent when due and the default continues for seven (7) days thereafter, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity or may immediately terminate this Agreement.

[OHlandlord]

Clause 20 specifically states it is for lease defaults OTHER than the covenant to pay rent, so that can't be used for non-payment of rent for termination. Are you the tenant or the LL? Upon the 6th day after rent is due, the proper Pay or Quit notice can be served. If rent is not paid within the pay or quit period, eviction can be filed.

Late fees should be capped at 10% of the rent total if there is no state laws limiting these fees. Judges usually cap late fees at this level in court.

I am the LL. The tenant has paid late 4 of 5 months. The 1st month was on time because it was paid prior to move in. I sent a letter stating that the late payments were not acceptable. Clause 20 is ambiguous because it says defaults other than paying rent then later specifies that if rent is not paid after 7 days... Thanks for all of your feedback. I am new to the renting arena.