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mrsdoverstreet · Oct 19, 2007, 12:25 PM

My landlord uses a reale estate company to manage his property. In my lease it clearly states that your rent is late if payment is made 5 days after the due date (which makes it late after the 6th of each month). Can my landlord lawfully charge me a late fee for paying on the 6th day? And, they don't have a drop box so he says if we try to pay after their office hours it's our fault not theirs. This has to be illegal!!

LisaB4657 · Oct 19, 2007, 12:29 PM

I'm sorry but what the landlord is doing is not illegal. They are not required to provide you with a drop-off location. So if the landlord has not received it by the 6th then it is late.

sharonmp · Oct 21, 2007, 01:37 PM

Originally Posted by mrsdoverstreet

My landlord uses a reale estate company to manage his property. In my lease it clearly states that your rent is late if payment is made 5 days after the due date (which makes it late after the 6th of each month). Can my landlord lawfully charge me a late fee for paying on the 6th day? And, they don't have a drop box so he says if we try to pay after their office hours it's our fault not theirs. This has to be illegal!!!!

I am not an expert but do manage quite a few Florida homes. I would say that if your rent is not in the rental office by midnight the fifth it is late. I would guess your rent is Due on the fist of every month and you are given this "grace" period in case there is a weekend or holiday involved. Is it impossible for you to mail your rent check dated the first. If you are unable to pay on the first why not ask your management company to do an addenum changing the due date to one that will definitely work for you? It will add some time to our lease but it may be what you need to make our rent on time.

Sharonmp

ScottGem · Oct 21, 2007, 01:42 PM

Nope, not illegal. It depends on the exact wording of the lease. If the lease states that rent is due BY the first, then a payment received after the 5th would be late.

jillianleab · Oct 21, 2007, 01:58 PM

Scott is right, it depends on the wording of the lease. My leases all say "Due by 7:00pm on the FIFTH of each month" to avoid any such confusion. As far as I know there is no law requiring a drop box (though it is a good idea), which often is why you have a grace period. You have several days after your rent is due to get it to the office, so from their point of view, it's not their problem if you can't get it there before close of business on the fifth since you had several days prior to get it there.

If you can quote the exact wording from your lease we can help you more.

mrsdoverstreet · Oct 22, 2007, 05:07 AM

My lease states that "rent is due on the first day af each month. In addition to rent, the tenant shall pay a late charge in the amount of $75.00 for each rent payment made five (5) days after the day it is due”.

Does this mean that my rent is considered late on the 6th of each month and not the 5th. Because five days after the due date (1st ) is the 6th. Am I missing this one totally? Someone please help me with the interpretation of this.

excon · Oct 22, 2007, 05:47 AM

Hello mrs:

Your rent is due at midnight on the first and is late at midnight on the second. That means your rent needs to be in the landlords hands by 11:59 PM on the first. If you have 5 days grace (and you do), your rent needs to be in the landlords hand by 11:59 PM on the fifth or its late.

excon

PS> Please keep all your inquires based on the same subject on the same thread. It makes it easier for us, and you too.

Thanks.

MarkRealEstateConsultant · Oct 22, 2007, 05:48 AM

Originally Posted by mrsdoverstreet

My lease states that "rent is due on the first day af each month. In addition to rent, the tenant shall pay a late charge in the amount of $75.00 for each rent payment made five (5) days after the day it is due”.

Does this mean that my rent is considered late on the 6th of each month and not the 5th. Because five days after the due date (1st ) is the 6th. Am I missing this one totally?? someone please help me with the interpretation of this.

If your lease reads exactly as you have stated "the amount of $75.00 for each rent payment made five (5) days after the day it is due”. That means that 5 days after the the 1st (the 6th) the rent is considered late.

What state are you located in? And was this a handwritten lease? Generally the late payment clause is spelled out. Example in Florida - "If Tenant fails to pay the rent in full before the end of the 10th day after it's due (the 11th), Tenant will be assessed a late charge of $70 as allowed by applicable Florida law. Landlord reserves and in no way waives the right to insist on payment of the rent in full on the date it is due. If the rent is due on the 1st, it's late on the 11th.

LisaB4657 · Oct 22, 2007, 05:56 AM

Incorrect, Mark. If the lease states that rent is due on the first then it is late on the second. In your case the landlord does not assess a late charge until the 11th but that does not change the fact that the rent was due on the first.

ScottGem · Oct 22, 2007, 06:20 AM

As noted your rent is late on the second. What expires 5 days after the due date is the grace period. However, based on the wording, the late charge would be applicable to any payment RECEIVED after the 6th.

Now I disagree a bit with excon here. Your payment would have to be made prior to close of business. Even if they provided a drop box but you dropped it in after the office was closed, they won't receive it until the next day so you would be subject to a late charge.

But the bottom line here is you are playing with fire. Pay your rent when its due and you won't have to worry about grace periods and late charges.

P.S. I merged your two threads since they deal with the same issue. Its not a good idea to start a new thread.