Legal Question in Landlord & Tenant Law in California

when is rent considered late

I just got a notice from my landlord 2 days before rent is due that rent has to be paid on the 1st. and if not a$25.00 late charge will be charged on the 2nd. with no grace period

Can they do that? Every where else I have lived there has always been a 3 to5 day grace period. I do not get my check until the 3rd. They said eviction notices will be given out on the 2nd. if rent is not received on the 1st.


Asked on 1/31/06, 4:58 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: when is rent considered late

It depends on what your lease says about the issue. If you are on a month-to-month lease, the landlord can modify the terms of the lease after giving 30-days notice. And if you are not renting on a month-to-month basis, the landlord cannot unilaterally change the terms of the lease.

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Answered on 1/31/06, 5:13 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: when is rent considered late

I would negotiate with the landlord to change the due date to accommodate your receipt of your paycheck if you pay the extra 2 days for the month. Otherwise, you should pay on the date the lease says the rent is due.

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Answered on 1/31/06, 7:19 pm


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