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ceejrun
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| Joined: | Tue Feb 5th, 2008 |
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Posted: Tue Feb 5th, 2008 07:24 pm |
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| Thank you for responding. I guess I probably need to make plans to move, because I was always under the impression that if I paid during the grace period I was not considered late. He has been charging me a late fee as of the 2nd, he doesn't give me until the 5th. His communications with me start before the 1st, then on the 1st and after the 1st, so I guess the only way to stop this is also for me to move because even if his money is available on the 1st I would've still had contacts from him before then.
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OH landlord
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Posted: Tue Feb 5th, 2008 07:03 pm |
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Your rent is due on the first. It is late if it is not paid on the first just as your lease states. A mandatory grace period on imposing late fees has nothing to do with the fact that it is already late. It just means he cannot charge you the fee for being late until the fifth of the month. Your rent is still late if you pay at any time after the 1st. Is he calling you before the 1st of the month when your rent is due, or do you mean he is calling you after your rent is already late, but before the grace period for imposing those late fees has expired? Please note, in your own words when quoting the state law, "a landlord may not impose a late fee until after the rent is 5 or more days late." So that rent is already late by state law before that grace period allows charging the late fee.
The LL has the right to receive his rent on time, regardless of when he may charge you a late fee. Just because he cannot charge the fee until later doesn't mean he isn't entitled to that money on the first. So he calls and emails to see when you will pay the rent. And since you have a habit of paying it late, and on occasion have been so late that it is beyond the state grace period to charge the fee, he has right to be concerned. However, contacting you 5 times a day is too much! You can request that he stop this. He should not be contacting your employer at all unless he has reason to believe that you no longer work there (then he may contact them to verify employment only).
Please keep in mind one other thing, the LL has the right to start eviction if the rent is not paid on time. He can post a pay or quit notice (the initial step of an eviction) if not paid when due (the 1st). If your rent is not paid by the end of that notice (10 days I believe in NC), he can refuse your rent and continue to evict you. If you are on a lease, he can refuse to renew your agreement or increase your rent at the end. There is no limit on rent increases. But if you are on a month to month (as you are now), he can give you a rent increase or ask that you vacate the unit at any time for no reason by just giving you 30 days notice. Since you are paying your rent late each month under the mistaken notion that it is not late until after the 5th, I would expect one of these things to happen. Plan on having to move or expect a large rent increase very soon. Sorry, but you should be paying your rent on time.
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ceejrun
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Posted: Tue Feb 5th, 2008 03:20 pm |
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| I have a question about grace period for rent payments. I live in NC and rent from a real estate investor. My rent is due on the 1st and today is the 5th and I have not yet paid my rent (it will be paid on Friday the 8th along with a late fee) and every month a few days before my rent is due he will start calling, texting and emailing me, literally harrasing me and being quite nasty (and now he's contacting my employer) about when he will get his rent at least 5 + times a day, I've stopped taking his calls. My rent has been paid every month, twice it was sent out after the 5th, but he gets his money every month. I read in NC tenant laws that a landlord may not impose a late fee until after the rent is 5 or more days late, is this true (my lease says I'm late after the 1st) and although the rent (certified funds) is sent out on the 1st he will still impose a late fee although it reaches him within 1-3 days. He has sent me a Notice to Quit and says in the letter that he has the right to start eviction procedures on the 2nd of the month if the rent is not paid by the 1st, is this true. I am currently on a month to month. I know that this business and he is not required to be fair by my standards but is he being legal?
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