Late Rent - 5pm or 11:59pm?

Question

My lease agreement says rent is late on the 5th after 5pm. Tenant says that the law (Baltimore City, Maryland) states 11:59pm. I have not seen this when I search online. This tenant does not want to pay the late fee.

HELP!!!

Ozzy Sirimsi · Answer

Obviously, everybody has a different business model, but does it really worth to argue about 6 hours with a  good tenant.

Robert Freeborn · Answer

Just waive it.  Your late fee is what, $29?  Is that really worth arguing damaging your relationship with your tenant over? Personally, I would do something other than 5pm, such as 9pm. If they are a working person and depend on their paychecks there is a good chance they don't get off till 5pm.  While yes, they should make other arrangements, why make it more difficult arbitrarily?

Mary M. · Answer

Personally i would not argue about it. Just use 11:59

Michael Washington · Answer

@Mary Mitchell This makes the most sense. Thanks.

Thomas S. · Answer

@Robert Freeborn

"Just waive it.  Your late fee is what, $29?  Is that really worth arguing damaging your relationship with your tenant."

A landlord should never wave any lease regulation. If you do not wish to charge a late fee you must remove it from your lease otherwise it becomes null and void. It is never a landlord that damages the relationship it is always the tenant by violating their lease.  If you do not intend to enforce your lease there is no reason why a tenant would ever respect it either.

No point in bothering to have a lease if it means nothing to the landlord.

Sam Shueh · Answer

End of business hours. Like banks....

James Wise · Answer

I am a very firm landlord. IE we do not bend rules for any tenants. We will throw out a 95 year old Grandma without hesitation if she doesn't pay rent. That said you need to set yourself up for success with reasonable policies. The policy of making rent late in the middle of the day is ridiculous. You are just asking for trouble & for what? It isn't necessary. If you keep this policy the only thing you are doing is creating additional battles that don't need to be had. Trust me, you are a landlord you'll have enough battles to deal with in your career. Don't create unnecessary ones. Consider all rent paid on the 1st on time no matter what time of the day they get it to you.

Nathan Gesner · Answer

I don't know of any state that specifies an hour. Assume the tenant has until midnight. If your lease says something different, you can try to enforce it but it probably wouldn't hold up in court.

Thomas S. · Answer

Rent is late at 12 pm on the 1st of the month (day rent is due). If the state landlord tenant regulations do not specify details regarding the late fee then the lease prevails. You should easily find the info on line. Check to see if the regulations say anything about deducting the fee from the rent payment. If it is allowed deduct the fee from their rent payment and issue a notice. If she refuses to pay the remainder of her rent you then proceed to evict.

Late Rent - 5pm or 11:59pm?

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