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Kallie23 · Jul 5, 2012, 04:50 PM

This is my first time renting an apartment, so I'm kind of confused about all the rules. Hopefully someone can help me. So here's my situation: I usually pay my rent by the 1st, this month I fell behind. I wasn't sure when rent was considered late. I thought if you get the payment in the office by the 5th you're fine. I re-read my lease agreement and it states that late fees are assessed on the 6th, and rent must be in the office on the 5th, also submitting rent postmarked for the 5th does not exclude tenant from the late fee. So when I went today to drop off my rent in the drop box, there was a typed out sign on the box saying any drop off made after 5:00 p.m. on the 5th is considered late. But it doesn't say that in the lease. Can my landlord legally charge me a late fee then?
Please help!

smoothy · Jul 5, 2012, 05:17 PM

Originally Posted by Kallie23

This is my first time renting an apartment, so I'm kind of confused about all the rules. Hopefully someone can help me. So here's my situation: I usually pay my rent by the 1st, this month I fell behind. I wasn't sure when rent was considered late. I thought if you get the payment in the office by the 5th you're fine. I re-read my lease agreement and it states that late fees are assessed on the 6th, and rent must be in the office on the 5th, also submitting rent postmarked for the 5th does not exclude tenant from the late fee. So when I went today to drop off my rent in the drop box, there was a typed out sign on the box saying any drop off made after 5:00 p.m. on the 5th is considered late. But it doesn't say that in the lease. Can my landlord legally charge me a late fee then?
Please help!!

Damn sure they can, welcome to the real world... Close of Business.. known as COB is the cut off point... not midnight...

When they say the fifth... legal meaning is "IN THEIR HANDS" before 5pm before they close their office (or whatever time they actually have listed as business hours). Not 5:15pm, Not midnight... not 6am on the 6th...

Doesn't have to be in the lease... and ANY court in the country would back up what I just said... and have.

AK lawyer · Jul 5, 2012, 05:54 PM

Originally Posted by Kallie23

...I re-read my lease agreement and it states that late fees are assessed on the 6th, and rent must be in the office on the 5th, ... there was a typed out sign on the box saying any drop off made after 5:00 p.m. on the 5th is considered late. ...

Is the drop box in the office? If not, the rent isn't in the office after close of business, or 5 pm.

Kallie23 · Jul 5, 2012, 06:05 PM

Originally Posted by AK lawyer

Is the drop box in the office? If not, the rent isn't in the office after close of business, or 5 pm.

Okay, thanks for your help. =) At least I know for future reference.

smoothy · Jul 5, 2012, 06:20 PM

If you are in the afternoon on the 5th... make sure you take it inside and hand it to them in person. Otherwise you won't know if the check they drop box until the next day.

Best advice... get it to them on the first... the 4th and 5th might fall on a weekend or holiday when they are usually closed.

Fr_Chuck · Jul 5, 2012, 07:25 PM

Yes they can. If you drop it in the box after 5 on the 5th, they don't receive it till the 6th ( assuming the 6th is a business day)

Of course the rent is really due on the 1st, any day after the 1st is late, they just give a grace period to the 5th.

If you always pay after the 1st, this can be reported as late for a rent reference in the future, you need to ask. There is a difference between being late and a late fee being added.