Q: When can a landlord begin to charge a late fee for rent, the 5th or the 6th?
I always knew it to be after the 5th of the month, however my new landlord sent a mailing stating due on the 1st on late after the 4th. So I decided to research to see if that changed and I am getting confusing answers. Both Nola and Oregon State Bar states it is after 4 days after rent becomes due. So that would be after the 5th of month, which would be the 6th. However Oregon Law Help.org states the statute which says the forth day after rent is due, which would be the 5th. Can you help?
A: IF your written rental agreement provides for it (and it will specify when rent is late), a landlord can charge the late no sooner than the 5th day after it is due. So if rent is due on the first, with the statutory grace period of 4 days, rent is late and subject to a late fee on the 5th. Many years ago you were correct. There was a statutory grace period of 5 days, making rent late on the 6th but that was changed several years ago.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.