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FACTSHEETS - Rental Payments

When is Rent Due?

Most rental or lease agreements require rent to be paid at the beginning of the rental period. For example, in a month-to-month tenancy, rent usually must be paid on the first day of the month. However, your rental agreement can specify any day of the month as the day rent is due (for example, the 10th of every month in a month-to-month agreement, or every Tuesday in a week-to-week agreement).

It's very important for you to pay your rent on the day it's due. Not paying on time might lead to negative credit or rental reports, late fees, or eviction.

Obtaining Receipts

If you pay your rent in cash or with a money order, be sure to get a receipt from your landlord. If you pay with a check, you can use the canceled check as a receipt. Keep the receipts or canceled checks in a safe place so that you will have records of your payments. The County of Los Angeles encourages clients to use personal checks or money orders instead of cash to pay rent when it is due.

Late Fees

Landlords can charge a late fee to tenants who don't pay the rent on time. However, a landlord can do this only if the rental agreement contains a late fee provision. In some communities, late fees are limited by local rent control ordinances. To find out if this applies to your community, you should check with local housing authorities about these ordinances.

As a general rule, late fees must be reasonably related to the cost your landlord faces as a result of the late payment. If a late fee in an agreement seems too high, try to reach an agreement with the landlord on a lower late fee.

What if you've already signed a rental agreement that contains the late fee provision, and you're going to be late for the first time paying your rent? Discuss the problem with your landlord. Try to convince him or her to lower the late fee. If the fee was unreasonable, as a last resort, you may want to file a lawsuit (usually in small claims court) to challenge it. --Be sure to talk with an attorney or legal aid society before taking this step.

Partial Rent Payments

If you don't pay the full amount of your rent on time, you will violate your rental agreement. You may want to offer to pay part of it. However, the law allows your landlord to take partial payment and still give you an eviction notice.

If your landlord is willing to accept a partial payment and give you extra time to pay the balance of the rent, you should ask that this agreement be in writing. The agreement should also state when the rest of the rent is due. Both you and the landlord should sign it, and you should keep a copy. The written agreement is legally binding.

Disclaimer of Liability:

The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.

Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.