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.