What Grace Period is Standard for Nonpaying Tenant?

7 Replies

Hi Everyone,

I'm looking for feedback on what grace period should be set forth in a lease for when a tenant doesn't pay by the agreed upon rent due date.  What does the BP community use?  Do certain state laws mandate that a minimum grace period be provided?

Thanks in advance for your input,

Aaron 

I do a $50 discount on rent if paid before the 10th (since my state doesn’t let us do late fees) and it’s at that time that we send out the demand for rent. I know some landlords do it after the 5th and maybe I’m being too nice but if they’re late after the 10th I’ve never had an issue collecting the full rent amount. 

I have a five day grace period, by the 6th that I do not have the payment they're receiving a Notice to Quit for Nonpayment of Rent. I think it's important to set the standard and tone for what you expect from your tenants. If they're having a hard time tracking money they can always make a bimonthly payment (effectively pre-paying) and work with that but full payment of rent is due on the 5th of every month. 

If they do not pay their cable or cell phone bill it gets cut off right? 

Rent is due on the first.  

3 day grace period.  

30/35 dollar late fee on the 4th

5 dollars a day after that. 

Never have an issue collecting the rent late fees or the additional 5 dollars a day. 

My tenants pay on time for the most part and communicate if they aren’t. Haven’t had an issue with any of the tenants that I placed.  

Rent is due on the 1st. Late fee applied on the 6th.  I then cut off access to the tenant portal so no partial payments can be made, and rent must be brought to the office in money order or cash.  On the 6th, I post a 7 day Pay Rent or Quit notice.  All of the property owners are kept up to date with payment plans made with tenants who have had issues making rent.  Most property owners understand that tenants can occasionally go through a rough patch with jobs, health, etc.  If the tenant is in contact and making an effort to catch up, the owners will usually allow them to continue the lease.  If the tenant stops answering calls or texts, then we evict.  Eviction here takes 2-3 months, depending on the court dates.

You should consult your local laws. Beyond that, no grace should be given. Rent is due on first, and late on second. Period. Some states mandate that you do not apply a late fee until the 5th or the 10th or something like that. The application of the late fee however, has nothing to do with the fact that it is still late on the 1st. On the second of the month, you serve your local version of a 5 day notice to pay or quit. Following a set policy that is in line with your local laws is the best way to operate professionally and treat all tenants equally.

Caveat: Some states say a late fee cannot be applied until a certain date, while others state that rent cannot be considered late until a certain date. Make sure you understand your local laws, as they trump anything said on these forums.