Late Rent Payments
I have paid my rent on the 20th of every month for the last 2 years (including the late charge).The lease agreement says it has to be paid by the 5th of the month and everything after that is considered late. Doesn’t Maryland law require for a person to be reported late they have to be 30 days or more deliquent. Or does the lease agreement supercede the law?
Re: Late Rent Payments
The 5 day provision to which you are referring deals strictly with late fees. It provides that a residential landlord may not charge a late fee until a payment is 5 days LATE. Of course, this means that payments are still actually due on the date set forth in the lease. After that, they are actually late. So, one day late is one day late. Two days late is two days late, etc.
Without regard to whether the landlord is entitled to apply a late fee, rent that is not paid on the date due is actually late. The landlord at that point has the right to file for repossesion, to bring suit for money damages. I am not aware of any provision of Maryland law that refers to stating that an account is not delinquent until it is unpaid for 30 days. Delinquency is strictly a feature of contract.
Lawrence R. Holzman, Esquire
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770
(301) 220-2200
fax (301) 220-1214
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
Lawrence Holzman
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770