Times right now are tough for everyone. More and more renters are finding it difficult to pay bills on time as jobs are being cut, raises are being postponed, and salaries and bonuses are shrinking. You're not alone.

Likewise, landlords are feeling the pinch. Utilities, insurance and taxes have all increased, making it harder for landlords to maintain their properties. Landlords may attempt to raise your rent - and no one wants that. However, that isn't a possibility if your lease locks in a low rent or if your property is subject to some form of rent control.

Your landlord may be looking for ways to evict you by enforcing minor lease violations. One thing your landlord may start to do is enforce the grace period stated in your lease.

You Must Pay the Rent

Most leases have two important dates when it comes to rent: The due date and the late fee date. Most leases say that rent is "due and payable in advance" on the first day of the month. This means that rent is due in the landlord's hands on the first and can technically be considered late on the second day (weekends and holidays are usually not counted).

What's a Late Fee Date?

A late fee date is the date when you'll be charged a fee if your rent hasn't been paid. Late fees typically don't apply until after the first of the month - on the fifth day in many cases. So if your landlord receives your rent payment before the fifth day, you may avoid paying late fees. However, your rent is still late as of the second - three days before the late fee date.

Are Late Fee Dates a Grace Period?

Just because late fees aren't billed until the fifth day, you may believe that your landlord has provided a five day grace period to not pay late fees. This isn't true.

A grace period is an extra period of time after your rent is due when you're considered to have still paid your rent on time.

A late fee clause covers when you'll be charged an extra fee for not paying on time. A grace period term in your lease means that there's a period when you can pay your rent and it will be treated as if you paid it on the due date. It can be confusing because both of these lease terms often use similar periods, such as five days after the due date.

If you don't pay rent by the due date, you're late and your landlord could serve you with a "Three-Day Notice to Pay Rent or Quit" the very next day. If you don't pay your rent within the notice period, your landlord can begin eviction proceedings. This is what can happen in the few days before the late fee is even triggered and billed to you.

How to Protect Yourself

Avoid being caught late on rent by always paying it on or before the first of each month. If this is difficult, contact your landlord to make arrangements so that your rent is paid as soon as possible before any additional late fees start adding up. Remember, just because you may have a grace period, your lease may call for late fees as well.

Questions for Your Attorney

  • I paid my rent a day late, and now my landlord is taking steps to end the lease. I think he can do that under the terms of the lease, but he's always been okay with taking my rent a day or two late. Can he change his mind on that now?
  • Does our city landlord-tenant ordinance govern any lease terms, such as late payments or late fees? If so, can my landlord enforce terms that are against the ordinance?
  • If I mail my rent to an off-site property manager, is my rent late if the mail is late? What if I mailed the payment with ample time for normal delivery?