What to do if my tenant has refused to pay full rent by first of each month since there is a grace period of 5 days?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my tenant has refused to pay full rent by first of each month since there is a grace period of 5 days?

What can I do to get him to pay full rent by first of each month, the lease states, “Due without demand: The monthly rent is due without any prior demand from the landlord to pay it and is to be received by the landlord on the 1st day of each month. This means that you owe the rent without any type of billing, invoicing or notice from the landlord and that it is tenant’s sole responsibility to ensure that the money is in the landlord’s possession on the 1st. Failure to pay your rent when due is a breach of this lease”.

Asked on January 4, 2012 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you quote, even if there is a grace period before the tenant can be evicted for nonpayment of rent, he is under a clear obligation--it is a term of the lease--to pay by the 5th. That means that when he does not, he is still breaching the lease. You can send him a Notice to Cease, reiterating the relevant lease language, providing examples of when he's breached it, letting him know this is breach, instructing him to stop breaching, and finally telling him that if he continues to breach, you will seek to evict him for lease violations. Then if he continues to pay late, you can bring an eviction action based on lease violations.

Of course, if you are ultimately getting paid everything owed you, albeit somewhat late, you want to ask yourself whether it is worthwhile evictinig a paying, if annoying, tenant, since eviction is your only tool.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption