When is your rent officially “late”?

…the answer my surprise you.  From Mass Legal Help:

“You must pay the rent in advance, on or before the date you and the landlord agreed rent is due. Often the agreed rent date is the first of the month.”

From the Tenants Rights page on the official Mass.gov website:

“…the landlord can begin the eviction process immediately, even if the rent is only one day overdue.”

So the answer is: on day two.  Rent is “late” if you didn’t pay it on the day it is due.

OK, so let’s back up a bit here.  I bet no one has received an eviction notice if their rent was one day late.  I certainly haven’t sent one.  There are many reasons for that.

  1.  Sending an eviction notice one day after the rent is due usually creates a bad situation for no good reason.  Most people are happy to receive a reminder phone call or email reminding them rent is due, they simply forgot.
  2. If the 1st of the month falls on a Friday, Saturday, or Sunday, then your rent may appear to be paid “late”.  Even if you pay on time, the payment is not usually preceded until the following business day and therefore it may seem that you have paid late.  Most landlords are understanding of this.
  3. Sending a Notice To Quit or an eviction notice is time consuming, costly, and usually a last resort for landlords.

I have also heard several myths from tenants and other stories about why it is acceptable to pay late or that is is legal.

Myth 1: “I have 7 days to pay my rent rent.”  Well, no you don’t.  See the law above.  Rent is due when rent is due and there is no legally acceptable amount of days it can be late.  Although there are ways to re-pay and not be evicted, the law does not intend to imply late payment is acceptable.

Myth 2: “I can just pay a late fee and then it will be fine.”

And let’s bust this second myth right open!  A landlord can not legally collect a late fee from a tenant until the rent is 30 days past due; from the Mass.gov website, Mass Legal Help:

Late Payment Penalty: A landlord cannot charge interest or a penalty on late rent until 30 days after the due date. However, the landlord can begin the eviction process immediately, even if the rent is only one day overdue.

 

Even if your written agreement has a late payment penalty clause, a landlord cannot collect any late payment fee until you are 30 days late with the rent.

I have never seen a landlord charge or collect a late fee after 30 days, likely you will just be receiving an eviction notice if your rent is 30 days late, or sometimes a special arrangement is made for an extenuating circumstance.  However, I have seen landlords try to work in late-fee payment schedules, which is legal to do, however it is not legal to collect until after 30-days.

Tenants should know their rights, and landlords should follow the law and also be aware of their rights.

See here for some a simple guide for tenants, as outlined on Mass.gov: TENANT RIGHTS

Another resource for both landlords and tenants is Mass Legal Help: PAYING RENT

And here is a basic guide for landlords, but as always you should hire a professional to either manager your property or at least rent it out: LANDLORD RESPONSIBILITIES

Please feel free to contact us with any questions, or if you need a referral to a qualified Landlord-Tenant Attorney.

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