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Posted by Anna on January 03, 2000 at 15:15:37:

In Reply to: rent due date posted by Deb on January 02, 2000 at 18:40:35:

: Can anyone verify for me if there is a standard grace period for paying rent
: before a landlord can charge a late fee? I am in Rochester, NY and rent a
: half house. My rent is due on the 1st of each month. Obviously the first of
: Jan. 2000 was a holiday. I neglected to leave my rent check in the slot for
: my landlord before leaving for the holiday on Thurs. He practically broke my
: door down on Jan. 2 wanting his rent money and is going to charge me a $50 late
: fee because I did not leave it for him to pick up on the 1st. Comments anyone??

If you have a written lease, read it: if it contains a late fee clause, then he can charge you one. If not, or you have an oral lease, there is no law giving him that right.

Your rent is due on the due date. To paraphrase a NYC Housing Court judge's conversation with a landlord atty (almost a quote!): 'It used to be that a residential lease due date was interpreted by the courts to mean that it was not overdue until 30 days later. Now, however, it is overdue at 12:01am on the 1st or maybe the 2nd, depending on the wording in the lease. Landlord atty to judge: would you grant them possession? Judge: well...I've seen cases where they won by default judgment.'

I would also advise finding a new apt asap: don't make excuses like 'it is the first time he was unstable. maybe had too much to drink New Years' Eve." He's abusive and looking for someone to victimize.

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Comments:
: : Can anyone verify for me if there is a standard grace period for paying rent
: : before a landlord can charge a late fee? I am in Rochester, NY and rent a 
: : half house.  My rent is due on the 1st of each month. Obviously the first of 
: : Jan. 2000 was a holiday. I neglected to leave my rent check in the slot for 
: : my landlord before leaving for the holiday on Thurs. He practically broke my 
: : door down on Jan. 2 wanting his rent money and is going to charge me a $50 late 
: : fee because I did not leave it for him to pick up on the 1st.  Comments anyone??

: If you have a written lease, read it: if it contains a late fee clause, then he can charge you one.  If not, or you have an oral lease, there is no law giving him that right.

: Your rent is due on the due date.  To paraphrase a NYC Housing Court judge's conversation with a landlord atty (almost a quote!): 'It used to be that a residential lease due date was interpreted by the courts to mean that it was not overdue until 30 days later.  Now, however, it is overdue at 12:01am on the 1st or maybe the 2nd, depending on the wording in the lease.  Landlord atty to judge: would you grant them possession?  Judge: well...I've seen cases where they won by default judgment.'

: I would also advise finding a new apt asap: don't make excuses like 'it is the first time he was unstable.  maybe had too much to drink New Years' Eve."  He's abusive and looking for someone to victimize.


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