|Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Landlord and Tenant Law > 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?|
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
*Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."