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What is the grace period for rent, If my rent is due on the first d o I not have till the 5th of the month?

1 Answers. Asked on Jun 13th, 2012 on Landlord and Tenant Law - California
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David Lawrence Gibbs at The Gibbs Law Firm, APC
Licenced in CA
Answered on Jun 13th, 2012 at 3:32 PM

Dear Anonymous,

Assuming you are asking about a residential, and not commercial tenancy, then California law provides for a five day grace period. However, the way you calculated it is not correct. It is five days AFTER the due date. So, if rent is due on the first day of the month, it cannot be considered late until the end of the sixth day of the month. You should also check your lease to be sure that there isn't a more generous grace period. The grace period in the lease is not enforceable if it is shorter-than the statutory five days. 

David L. Gibbs, Esq.
The Gibbs Law Firm, APC
San Clemente, California

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