Legal Question in Real Estate Law in Maryland
Grace period paying rent
I would like to know about the law requiring the renter paying the rent on the first of each month. The lease says there is a grace period up to ten days to pay the rent before the landlord posts you to the court or demanding you to pay the rent. I already paid the rent on Dec. 10th. The landlord sent me a letter demanding me to pay the rent. I called the landlord to leave the message for her to return the call but instead she put the court summon note on my door. I went to the rental office. They already acknowledged that I paid the rent with the pink receipt slip to show I paid the rent. The landlord still demanded that I pay the 5% penalty for not paying on the first of December. I've been living in that apt since Dec. 1997 and paid the rent before the 10th. No one has informed me beforehand or complained til the landlord demanded without warning or advice. This don't make any sense to me that I'm forced to go to the court all of the sudden. I've checked with the bank to see if the check was cleared which is. Does the landlord have the right to demand or impose me before the grace period is over or before the 10th? Please help me. Thank you.
2 Answers from Attorneys
Re: Grace period paying rent
It depends on the terms of the lease. Most grace periods refer to penalties, not to the actual due date. You can be sued for possession if you don't pay by the due date under these leases, even if you ultimately pay by the expiration of the penalty grace period. But in MD you have a right of redemption in residential leases that lets you retain possession if you pay the rent in full any time before the Sheriff comes; but this right can be terminated if the LL has to sue more than a few times. Your LL may be trying to cut off your right of redemption. Best bet: pay by the 1st in the future.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
Re: Grace period paying rent
Most residential leases state that any penalties are imposed after the grace period expires. If this is what your lease says, then you shouldn't owe a penalty as long as the rent check was in the rental office by the 10th.
Robert Sher
Wagshal and Sher
5530 Wisconsin Ave-Suite 1200
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