By law, weekend is same as a holiday Question: In an article printed Nov. If the rent due date falls on a weekend or holiday, it kicks over to the next banking business day. It says, "Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed on a particular day [such as rent due on the first of the month], which day falls on a holiday, it may be performed upon the next business day, with the same effect as if it had been performed on the day appointed.
Also, you will never get an eviction based on a non payment of a late fee. Its as simple as that, you do not want them to have any legal arguments against you if you ever have to evict them. The judge may see this as you being unfair and a bit a miser. Hi, The bottom line is: Rent is due on the first banking day of the week. This could be the fourth in some cases. To justify a late fee in court you have to show financial damage.
Also, some courts say any late fee is really an addition to the security deposit already paid. Rent is due on the 1st regardless of the day of the week. I do however give a 5 day grace, I explain to my tenants that I want the rent paid on time the grace period is not to be abused it is for emergencies. My attorney suggested that you do not put the phrase "late fee" in the lease because most courts do not make the tenant pay late fees if it would have to go to court.
I allow rent to be paid on Monday if the 1st falls on a weekend. And, the next business day if the 1st falls on a federal holiday. Just like most businesses and mortgage companies. I give my tenants deposit slips. Most of them don't know how to set up auto bill pay, etc. If they do, I encourage it. If they make the deposit early, that's great. If you're completely strict about the 1st, more power to you.
My rents are due not later than the first. Most tenants mail the rent but a few are using electronic transfer. I do not have an office. When the first falls on a Sunday as it does this June I count rent on time if I receive it by June 2nd.
I feel that if I had an office where they could drop it on the 1st that would be different, but since I want rent mailed or transferred and neither will happen on the 1st I err on the side of being reasonable. Sunday of holiday, if it not in our hands on the first, the it is late.
Our lease states that the rent is due before or on the first of each month. Again, no matter what the lease says about being due on the first, Try and get an eviction on this or try to get an eviction for the non-payment of a late fee. You will not win in court. The lease is legally binding contract and the agreement is within the four corners of the contract.
Patti OK Yes, a well formed lease is a binding contract but not all elements of the lease are enforcible nor practicle. I challenge you to try to get an eviction on the non payment of a late fee.
As Michael said, just because it is in your lease does not mean that it is valid nor enforceable. And I found very similar wording in at least one other state. But I found nothing federal to back that up. So, even though I believe you to be fully correct for your state -- I'm not sure you'd be correct for all states, right? Here, in Michigan, I could find no such law about holidays. So, I am just curious if you feel that you are quoting something specific to CA or not On the first full payment is due and additional rent of 5 dollars per day are due after that.
As of Saturday ALL rents had been deposited to the designated accounts. Auto Pay. Its they way I go. When getting a new tenant we set up the day that works with their pay.
Currently if the tenant is paid on the first I go with the second. We do not evict a tenant because they do ot pay the late fee we just tell them in a statement to them that the late fee will stay on their account and if it is ot paid bynthe end of their tenancy. It will be taken out of their SD. A lot of LL put a per day fee and the judges do not like either.
I'm not a tenant, I'm a landlord. In CA rent is due on the first banking day of the month no matter what the lease says. Now the issue of late fees You signed the lease, promising to pay them. Everybody charges late fees. Even the California Department of Consumer Affairs says you have to pay late fees. You've already paid late fees. Your landlord threatens to evict you if you don't pay the late fees he charges.
Property management companies, the California Association of Realtors, and apartment association "official" forms all include late fees in the printed portion.
You don't even question it. Who would? We went through the same issue with security deposits starting 30 years ago. Security Deposits were supposed to be returned, but landlords kept them. The Legislature said all deposits had to be refundable, so landlords started calling them nonrefundable "cleaning fees," to which the Legislature responded that all money, including cleaning fees, were "deposits," under the law.
View detailed profile Advanced or search site with Search Forums Advanced. Hello Landlords, You have a property where rent is due on the 1st. If the lease states that the rent should be received by the LL on or before 1st?
Does it mean that it is ok for tenant to deposit a check on Saturday 1st of month which clears Monday 3rd night or on 4th next day? Is it worth it haggling the tenant about it or no? If a gentle reminder is sent to tenant on 1st of the month if it is a Saturday about the rent is it considered too harsh or is it normal procedure?
Need some feedback. I would expect to deposit check on Friday 31st but seems like its not a big issue to some. Diana Holbrook. I think you should give them 'til the next business day Particularly if they have given the check, it just hasn't cleared yet. No, I don't think the span of a weekend is worth hassling tenants about.
People who are paid on the first are not usually paid early because of a weekend. Technically, the rent being received means that it has cleared the bank; that's why it states "on or before the 1st". So make sure your check is received and good on the 31st. But, I wouldn't make a huge deal about it the first time. Originally Posted by TexasTony.
AZ Manager. When the check hits your hand it is deemed received, not after it clears. Funds were maid available to you on time it isn't the tenants fault or problem that the bank wouldn't clear the check until a later date.
Are you the landlord, OP? If you want to be strict that rent is due on the first, then your tenants should have their rent to you on the first or before. Several banks around here are open on Saturday. A weekend rent problem is only really a Sunday rent problem.
Mail gets delivered on Saturday, too. If you pay on the second, you won't have to pay a late fee, but your payment may still be flagged as a late payment.
Any landlord will try to make a collection first. You may have to pay a late fee, but eviction , no. Also it is good etiquette to let them know beforehand. Yes they can. The problems with my landlord started almost immediately after I moved in. Check your lease agreement. If your landlord agreed to something in your lease, he has to follow it.
Send written requests. Decide if you have a case. Seek legal assistance. File a civil lawsuit. Fight discrimination. You should always include when the rent is due on your lease agreement so that there is no question. For example, The rent is due on the first day of each month. If the monthly rent payment has not been received by the fifth day of that same month, it is considered late.
Rent in advance Benefits are always paid at the end of the month, and can't be paid in advance. When you first move into a property you will usually have to pay your first month's rent and a deposit upfront.
A landlord cannot refuse to rent to persons in a protected class. A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently.
A landlord cannot end a tenancy for a discriminatory reason. A landlord cannot harass you. Unless the rental agreement, lease, or state law says differently, tenants are not entitled to a grace period.
In some states, if the rent due date falls on a Saturday , Sunday , or legal holiday, the law allows the tenant to pay the rent on the next business day. In short, yes — for a fee. Make sure the convenience is worth the potential cost to your wallet or your credit score. Using a credit card to pay your rent has its advantages.
Your landlord may not accept credit card payments , but rent payment services will facilitate them — for a fee.
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