• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Landlord demanding rent before due date

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? MO

Hi. I signed a 3 year lease in October on a condo. It's a private owner, who lives out of state.

The lease states the rent is due on the 1st of the month, with a grace period of 5 days. Apparently LL is on a fixed income, relies on the rental income from this property to pay her rent where she lives. Which means she has consistently contacted me well before the 1st each and every month. her messages usually read something like this "it's the 25th, I don't have my rent check yet". I usually pay her via Walmart to Walmart transfer. I've never mailed her a check, so why she keeps stating this, I have no idea.

I usually pay on the 1st or within the 5 day grace period, depending on where the 1st falls in relation to my payday (Friday). Once, in January, I paid on the 3rd. She had been hounding me since before Christmas. She demanded that I HAD do the transfer before 3 pm Eastern time due to her own landlord's policies. I normally do the transfers after I get off work, usually around 6 pm Central time. That day, I jumped through hoops to go ahead and do the transfer by her deadline, only to find out she did not even pick it up the money for 3 days.

This morning I woke up to a message "It's the 30th, I do not have a rent check yet. I need the WM to WM transfer done today".

If she wanted the money prior to the 1st, she should have set up the lease to have it due a different date.

Is there a way to get her to quit contacting me every single month, something I can reference from a legal standpoint to make her understand that she can't be contacting me before the rent is due.
 


PayrollHRGuy

Senior Member
Nope. She has every right to let you know a bill is fixing to come due. You have the right to follow the lease to the letter.
 

Zigner

Senior Member, Non-Attorney
Ignore her.
Please remember that your rent is LATE if paid after the first. The 5-day "grace period" only means you aren't penalized, not that the rent is on time.
 

PayrollHRGuy

Senior Member
She is also not threatening any legal action. And as Zinger mentioned the 2nd is late there just doesn't happen to be a late fee charged until the 5th.
 

Zigner

Senior Member, Non-Attorney
she's not telling me the bill is "fixing to" come due. She's asking where her money is before the due date.
Still not illegal. If you have it early, you can decide to send it early...or hold on to it until the first. Stop paying late.
 

FarmerJ

Senior Member
instead of text messaging switch over to using confirmed mail delivery or certified mail and in the letter tell her your lease doesn't require you to pay the rent sooner than the first. Re arrange your spending and budgeting to make sure you have ALL rent money by the first and change your cell number so she cant text you if you cant block or ignore her calls -texts.
 

LdiJ

Senior Member
You have a three year lease. I do think that you should probably make it clear to her that rent is not due until the 1st under the lease and that you find it harassing that she contacts you prior to the 1st demanding the rent.

Then, you should make sure that you ALWAYS have the rent available early in the day on the 1st...NOT after 6.00 PM. If that is not convenient for you then do it after 6:00 PM on the last day of the previous month.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top