Legal Question in Real Estate Law in Maryland

Re: Late Rent Payments

The 5 day provision to which you are referring deals strictly with late fees. It provides that a residential landlord may not charge a late fee until a payment is 5 days LATE. Of course, this means that payments are still actually due on the date set forth in the lease. After that, they are actually late. So, one day late is one day late. Two days late is two days late, etc.

Without regard to whether the landlord is entitled to apply a late fee, rent that is not paid on the date due is actually late. The landlord at that point has the right to file for repossesion, to bring suit for money damages. I am not aware of any provision of Maryland law that refers to stating that an account is not delinquent until it is unpaid for 30 days. Delinquency is strictly a feature of contract.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

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