[Maregi2002]

My landlord wrote my contract on October 12th, I signed and got the key on October 13th and moved on October 15th! What should be the date for me to pay my rent? I went today (13th) to pay my rent since yesterday was Sunday and he said I have to pay a $100 fee for late payment! Who is right??

[odinn7]

What does it say in the contract? I would think that by now you would have figured out when it is due since you've been living there since October.

[ScottGem]

The due date for rent is usually spelled out in the lease. Absent a specific day of the month being listed, then it's the anniversary of when you signed the lease.

Depending on where you are, there may be a grace period. If the landlord provides an office at which you pay rent and that office is closed on the day rent is due, then I doubt if a court would uphold a late charge. Also, How much is your rent? I would think $100 is a bit steep a late charge, unless the amount is spelled out in the lease.

[Maregi2002]

The due date for rent is usually spelled out in the lease. Absent a specific day of the month being listed, then its the anniversary of when you signed the lease.


Depending on where you are, there may be a grace period. If the landlord provides an office at which you pay rent and that office is closed on the day rent is due, then I doubt if a court would uphold a late charge. Also, How much is your rent? I would think $100 is a bit steep a late charge, unless the amount is spelled out in the lease.

Well, I have always paid by the 10th thinking it was the 13th. On the contract it says it is due on 12th. But it was my mistake not asking them to correct the date. My rent is 950, and I just think for someone who pays always before and get a phone call early on 13th to say my rent is due and that I have to pay a late fee is unethical in my point of view.
Thanks for the comment.

[Fr_Chuck]

The due date is the exact date listed on contract. It is your error for not looking.
And sorry but a landlord does not care (alot) about the past, they worry about today. A great payer, can become a bad payer over night, due to many reasons.

So yes, you paid late, and need to pay the late fee, unless they will agree to drop it this time.

But yes, most people never wait till due date, they will pay 3 or 4 days early every month

[joypulv]

Your landlord is being a complete jerk just because you have always been paying early.
Don't pay it and tell him it won't happen again, and he's lucky he has had someone who has been paying early.
Many state laws provide a grace period, but that is for postmarks, not delivering in person.

[ScottGem]

If your contract states, rent is due on the 12th, then its due on the 12th, and is late on the 13th. The ONLY thing that might be unethical here is the fact that the office was closed on the 12th and there was no dropbox to deposit the rent. As I said, I doubt if a court would allow a late charge on those grounds.

The fact that you have been on time all along has only a little bearing. As the disclaimers say, past history is not indicative of future performance.

Also you don't say whether you are dealing with the landlord directly or a management company. The landlord may be acting without compassion, but not as a jerk. And, again, some areas do allow for a grace period.

I have some ideas on how to proceed, but I need to know a) your general locale, b) whether you are dealing direct with the landlord and c) what you want to do.

[Maregi2002]

What does it say in the contract? I would think that by now you would have figured out when it is due since you've been living there since October.

Like I wrote, it says I have to pay on 12th! The day he wrote the contract. But I got the key on 13th and moved in on 15th. I have been paying every month few days ahead but today he called me at 8:30 to tell me that and I had the check on my purse to drop it off, but he didn't care if the check was on my purse or not! Being Mother's Day weekend I got distracted and forgot to drop the check off.

[odinn7]

Like I wrote, it says I have to pay on 12th!

No need to get nasty... the fact is, no, you hadn't said you need to pay on the 12th until after I asked you.

My landlord wrote my contract on October 12th, I signed and got the key on October 13th and moved on October 15th! What should be the date for me to pay my rent?

Does it say there anything about the due date of the rent being the 12th? No. In fact, you asked what should be the date which indicated to me that you did not know... this is why I asked what it says in the contract.

Now we know.

[Maregi2002]

If your contract states, rent is due on the 12th, then its due on the 12th, and is late on the 13th. The ONLY thing that might be unethical here is the fact that the office was closed on the 12th and there was no dropbox to deposit the rent. As I said, I doubt if a court would allow a late charge on those grounds.

The fact that you have been on time all along has only a little bearing. As the disclaimers say, past history is not indicative of future performance.

Also you don't say whether you are dealing with the landlord directly or a management company. The landlord may be acting without compassion, but not as a jerk. And, again, some areas do allow for a grace period.

I have some ideas on how to proceed, but I need to know a) your general locale, b) whether you are dealing direct with the landlord and c) what you want to do.

Thank you Scott, I went over and offered to pay him my rent was due on May and also June's rent ahead to waive that $100 and he agreed. I deal directly with the owner and Im located in Florida. Thank you again!
(It is hard when you are honest and people take advantage of you)

[Maregi2002]

No need to get nasty...the fact is, no, you hadn't said you need to pay on the 12th until after I asked you.



Does it say there anything about the due date of the rent being the 12th? No. In fact, you asked what should be the date which indicated to me that you did not know....this is why I asked what it says in the contract.

Now we know.

I am so sorry, I didn't mean at all to be nasty! I thought I was being clear on my post. Sorry again and thanks for your helpful comment.

[odinn7]

I am so sorry, I didn't mean at all to be nasty! I thought I was being clear on my post. Sorry again and thanks for your helpful comment.

Ooops, sorry too. It's hard to understand the was someone means things through the written word. I mistakenly took it as being nasty but I understand now.

No harm, no foul.

Glad you were able to work it out with the landlord.

[joypulv]

You have been a landlord's dream and yet this one wanted to charge you $100 for being one day late on a Sunday, so that in my book is a jerk. Taking advantage of you. I'm glad you were able to pay a month in advance. Florida doesn't have a grace period, so go back to being a day or two early.

[AK lawyer]

Now that it's established that it's due on the 12th of every month, only other question I would have is whether the contract says LL may charge a $100 late fee.

[Maregi2002]

Now that it's established that it's due on the 12th of every month, only other question I would have is whether the contract says LL may charge a $100 late fee.

Very unfortunately yes!! Thanks everyone