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Forums » Rental Property Questions & Landlording Issues » 5 day grace period on rent

5 day grace period on rent Subscribe to 5 day grace period on rent

17 posts by 12 users

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· Orlando, Florida


I'm planning not to do this, and just have it due on the first, but I was wondering what other people here do? All of the apartment complexes around here give the grace period, but it doesn't seem like a great idea to me.


Banker · Tampa Area, Florida


i give a 3 day grace period. rent is due on the 1st, but if not paid by end of day on the 3rd, there is a late fee. only has been 'late' 1 day in the 2 years they've lived there....


Real Estate Investor · Wheat Ridge, Colorado


Mine is four. Due on the 1st, late on the 5th. The "pay or quit" goes up on the 5th.

You need to find out your local laws.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


Real Estate Investor · Pasco, Washington


Mine is due on the first. Late fees start on the 2nd. A grace period is a delayed due date. I've rarely had tenants pay on the due date while knowing there will not be a consequence until another date.

P.S. I collect electronically every month on all my rentals. No more dealing with that issue ever again.

Brandon Gadish
Landlord Technology LLC


Real Estate Investor · sioux falls, South Dakota


My rents are due on or before the first. 10% late fee due on the 4th and $10 per day thereafter till paid. In TX, no specific rules relating to amount allowed to charge. Courts have ruled approx 2/3 of monthly rate charged is ok. Rich.
p.s. My Notice to Vacate goes on the door on the 3rd for more motivation.


Real Estate Investor · Ohio


Having the rent due on the first with no "grace period" isn't a viable option because many government checks don't arrive until the 3rd.

My rents are due on the 1st, late after 5pm on the 4th. I post the 3 day eviction notice on the 5th. If the tenant pays during the 3 day notice period, I charge a $50 late fee.


· Orlando, Florida


thanks, I'm going to check my local laws on this subject


Real Estate Investor · Wheat Ridge, Colorado


What you're looking for, Bienes, is the minimum time between when the rent is due (the first) and when you can legally post the pay or quit notice. And any laws that specifically deal with late fees.

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


· OR


On day five I charge the late fee and post the pay or quit. That is as soon as I can do it, by my state law.

My rents are not all due on the 1st. I adjust to the tenant's pay dates. I'd rather have rent on time at scattered dates than to have all rents due on the first and straggling in. Late rent gives me stress.

The tenant whose SS check is auto deposited on the 3rd and who pays auto-pay has her rent due on the third.

I have a tenant whose SS arrives on the 8th and she mails the rent, so her rent is due on the 10th.

Tenants who get paid on the first have their rent due on the 3rd or 5th. They get paid, put the check in the mail, and I get it on time.

I've got tenants who want to pay their rent out of their second pay check, so their rent is due on the 17th. (rental period is the 17th to the 16th, not 1st to the 1st).

Belive me, if I've got money coming, I can keep track of when it is supposed to arrive.


Real Estate Investor · North Carolina


Here in NC people get confused about the 'grace period'. Here the 5-day grace period is only about when a late fee can be charged.

My lease clearly states that rent is due on or before the 1st or it is cause for eviction. My 'problem tenants' get their eviction notice on the 2nd.

LLs NEED TO KNOW their state laws -- because the TENANTS SURE DO.

NOTE: One handy way to learn is to regularly sit in on Magistrates Court (or whatever the call it where you are).

I went just last week and learned 1) a supposedly top-tier local brokerage firm I was thinking of dealing with got sued and lost for dishonest dealings, 2) some high-end student-rental apartment complexes are experiencing an increase in multiple evictions, and 3) there are still some IDJITS out there who wait until they're owed THOUSANDS OF DOLLARS to evict. I could go on but sheesh......


Real Estate Investor · Wheat Ridge, Colorado


P NW, when you do that do you adjust the "month"? That is, if you have the due date on the 5th does the month run from the 5th to the 5th?

Small_flying-phoenixJon Holdman, Flying Phoenix LLC


· OR


Yes, if rent is due on the fifth, the month runs from the fifth to the fourth.

I'll prorate 2 different ways. Either we prorate for additional days when the tenant signs on. Or the tenant pays the first months rent and then prorates to move the due date for their next month.

I never ever take less than a full month's rent when they move in.

I just signed a new tenant yesterday. Her rent will be due on the third. That's when she gets paid. So yesterday (the first), she paid me a full month plus 2 extra days. So she is paid up through the second of next month and owes me rent again on the third.

I've got several tenants who simply have a rental period that starts on the date they first signed the rental agreement. If they signed and moved in on the 21st, their rent is due on the 21st.

Tenants always have the option of moving their due date. I've changed rental periods when a tenant had their pay schedule changed.

I know that many tenants are no so good with budgeting and I like to get my money as soon as they get paid. On the other hand, it does no good to demand rent before they get paid, because most of them can't save money from an earlier payday until the first of the next month.

My tenants know that, by golly, the rent had better be on time, because I have adjusted the rent day to suit them and I am not tolerant of late rent, not at all.



In South Carolina, if you use the language in the Landlord Tenant Act for the Five Day Notice you don't have to post -- It is their only notification.

The magistrate's office did accept an email with reply from the tenant telling him the rent was late as adequate five day notice--I didn't get a lease because I didn't want one.

It is going to take 22 days from the 6th (filing date) to even get to the end of this eviction process. Have a tenant who wanted to move in mid month and now will have to wait into May for the eviction, cleaning and dress up.

Who says that's fair?



In South Carolina, if you use the language in the Landlord Tenant Act for the Five Day Notice you don't have to post -- It is their only notification.

The magistrate's office did accept an email with reply from the tenant telling him the rent was late as adequate five day notice--I didn't get a lease because I didn't want one.

It is going to take 22 days from the 6th (filing date) to even get to the end of this eviction process. Have a tenant who wanted to move in mid month and now will have to wait into May for the eviction, cleaning and dress up.

Who says that's fair?


Mobile Home Investor · Spanaway, Washington


Why charge a late fee? Most leases already read "due in advance" or due "on or before the first" and mean the same thing. If rent is paid on the 2nd, it is late. Tenants feel that since a late fee is not charged until the 5th that rent is not due until the 5th. When taking over a property, the new owner has to reeducate them that it is late on the 2nd! Instead of calculating late fees - why not use a graduated rent lease? For example, If rent is paid on or before the 1st the amount due is $500. If paid from the 2nd to the 5th $515 in now due. If rent is paid from the 6th to the 10th - $530 is due. Rent from 11th - 20th is $560 and after the 20th is $600. This eliminates you calculating late fees. Tenants get the opportunity to choose what day of the month they pay and they already know the rent amount if paid at that time. When evicting tenants, courts do not like to award late fees in many cases. This wording of the lease places it as rent and most area have laws against governments imposing rent controls on residential property.


Real Estate Investor · Ohio


Same as Mike, due to the fact I have several tenants on SSI and Sec 8. $25 late fee if paid after the 4th.


Real Estate Investor · Charlotte & Fort Mill SC, North Carolina


When and if you can charge a late fee on rent is partly dictated by state laws, so please check out your state's laws.

I personally do not have a grace period. Rent is due on the 1st. Period. (If I'm dealing with government checks, I'll amend that person's lease to state that rent is due on the 3rd, or whatever--that's an easy problem to deal with). Whatever the due date is, that's that. If I don't get rent by 5pm on the day it's due, I call and email. I've only had to call a tenant once; usually, if a tenant has a tough month and they're not going to make it on the 1st, they call me, I have them give me a check anyway, dated for the 2nd or 3rd at the latest, and I go and cash it on the agreed date. This has happened only a couple of times for me.

I, too, collect rent electronically, which is absolutely wonderful!!!!!!! Tenants can block a draft if they need to, so they're not afraid to use the service. I have yet to have a tenant abuse this arrangement in the 5 years I've been using it.

I'm in SC, and like Lynn Z my lease contains the language:

THIS IS YOUR NOTICE: If you do not pay your rent within 5 days of the due date, Landlord may begin eviction proceedings. You will get no other notice as long as you live in this rental unit.

Lynn Z is right--in SC, if this language is in your lease/rental agreement, this constitutes your 5-day notice.




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