When is rent considered late?

This is a discussion on When is rent considered late? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; With the following clause in a lease, when is the ren considered late? Is rent late after the 1st but ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Apr 25th, 2008, 04:35 AM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default 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.
  Reply With Quote
Sponsored Links
Our attorneys have years of experience with positive results in the debt reduction / debt relief field. Click here for more information.
Old Apr 25th, 2008, 12:44 PM   #2
Top Level Member
Country:  
OHlandlord's Flag is: United States
 

OHlandlord's Avatar
 
Join Date: Jul 2007
Location: southern OH
Posts: 585

Default Re: When is rent considered late?

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?
OHlandlord is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 25th, 2008, 01:36 PM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: When is rent considered late?

$5 per day until paid.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 25th, 2008, 02:43 PM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: When is rent considered late?

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.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 25th, 2008, 05:32 PM   #5
Top Level Member
Country:  
OHlandlord's Flag is: United States
 

OHlandlord's Avatar
 
Join Date: Jul 2007
Location: southern OH
Posts: 585

Default Re: When is rent considered late?

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.
OHlandlord is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 25th, 2008, 05:57 PM   #6
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: When is rent considered late?

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.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 8th, 2009, 03:59 PM   #7
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default late fee

Can a landlord charge 250 dollars in one month if you are late in your rent?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 9th, 2009, 09:21 PM   #8
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: When is rent considered late?

It depends on what your lease says is your late fee and how much you are paying for rent. Does your lease state what the late fee is? How it is calculated, or a flat fee for this? How much is your rent per month?
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 7 replies and has been viewed 7903 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Michigan late fees? When rent paid late LANDLORD11 Landlord vs Tenant Issues 4 Oct 11th, 2013 10:26 PM
I have never been late on my rent payment: Do you think this is all my fault? Unregistered Landlord vs Tenant Issues 5 Jun 24th, 2009 04:19 PM
NJ late rent/eviction question miffedinjersey Landlord vs Tenant Issues 4 Feb 20th, 2009 11:10 AM
Late rent issues Unregistered Landlord vs Tenant Issues 2 Oct 28th, 2008 08:50 AM
Late fees for rent jvanderb Landlord vs Tenant Issues 1 Dec 3rd, 2007 08:55 PM


Our attorneys have years of experience with positive results in the debt reduction / debt relief field. Click here for more information.


All times are GMT -5. The time now is 03:27 AM.