Legal Question in Real Estate Law in California

if your rent on an apartment or home you are reenting is due on the 1st of the month how late can you be with payment before the owner can start legal action against you?


Asked on 11/06/11, 10:22 am

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If the rent is due on the 1st it is late on the 2nd. There is no law or policy in California establishing a grace period for payment of rent. "Due on the first" is given its literal meaning, except that if the first is a Saturday, Sunday or holiday, the rent may be paid on the following business day without being considered late.

However, the landlord cannot immediately file a legal action, at least not the one it is most likely to file, an unlawful detainer...a three-day notice to pay rent or quit is required.

Read more
Answered on 11/06/11, 11:26 am
Terry A. Nelson Nelson & Lawless

What part of 'due on the 1st' did you not understand? Read your lease to determine the late fees you'll incur, and the default notices and dates he can follow to evict you for non-payment.

Read more
Answered on 11/06/11, 2:45 pm
Anthony Roach Law Office of Anthony A. Roach

The landlord can start eviction by serving you with a three day pay or quit as soon as rent is late.

Read more
Answered on 11/06/11, 3:58 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California