Landlord refuses to honor 5 day grace period for rent payment mandated by NC state law

[SilenceInformed]

NC General Statutes Chapter 42 'Landlord and Tenant', section 46 'Authorized Late Fees and Eviction Fees' states the following:

In all residential rental agreements in which a definite time for the payment of the rent is fixed, the parties may agree to a late fee not inconsistent with the provisions of this subsection, to be chargeable only if any rental payment is five days or more late."

Nonetheless, my landlord refuses to honor the law, specifically the portion of the law stating that a late payment is only chargeable if the rental payment is five days or more late. When I try to explain the law to her, she responds to me by either openly ridiculing me ("stop trying to be a punk*ss lawyer"), mocking me by repeating what I say to her in a condescending and spiteful manner, or by telling me that we "agreed" via the lease that rent was due on the first of the month. However, the law states that the parties to a rental agreement may not agree to a late fee inconsistent with the provisions of said law, so as far as I am concerned, that portion of my lease is unenforceable/invalid.

For the five months I have lived in this property, I have paid rent on the 1st twice, the 2nd twice, and the 3rd once. Any time I did not pay on the 1st, a late fee of $5 a day was incurred. Also, my landlord informed me today that everytime I do not pay rent on the 1st, she is reporting to the Credit Bureaus that I have paid my rent late, and it is negatively affecting my credit score.

I am at a loss here. I have tried everything from politely explaining the law to her, printing off the entire subsection and highlighting the relevant portion and giving that to her, everything that I can think of to get the point across to her that she is disregarding NC state law, I have done. I am seeking advice for what I should do next. Any help would be greatly appreciated.

 

[Gail in Georgia]

What you should do next is pay your rent on the first of each month as your lease states (I'm assuming this states this, correct?)

This is why some landlords do not include late fees in their leases but simply begin the process of eviction the day after rent is due and not received.

Gail

 

[xylene]

pay the 5 dollars and forget it.

 

[stealth2]

Wait - you're complaining about a $5 fine?

 

[adjusterjack]

Wait - you're complaining about a $5 fine?

It's $5 per day. I'd bitch, too.

 

[stealth2]

It's $5 per day. I'd bitch, too.

I'd just pay on the 1st.

 

[bcr229]

Pay everything 2-3 days early and you never pay a late fee.

 

[cbg]

I am seeking advice for what I should do next.

Start paying your rent on the first.

 

[FarmerJ]

If you mail your rent then maybe you should see to It that it arrives in the mail to the LL one day before the first of the next month and send it with certificate of mailing or confirmed mail delivery. ( I didn't bother putting late fees into my leases , If the tenant
didn't pay rent on time , after a few times Id just go file unlawful detainer and be done with it or issue a formal notice to vacate if they were month to month.

 

[SilenceInformed]

Nobody here seems to understand the fact that in North Carolina the state law mandates a five day grace period for rent payments.

 

[SilenceInformed]

And the law states that a lease cannot be inconsistent with that portion of the state law. So yes, the lease says its due on the 1st, but because the state mandates a five day grace period, a rent payment cannot be considered late until the 6th. How is this so difficult to understand?

 

[cbg]

I think you are the one who does not understand.

Your rent is due on the 1st. It is late on the 2nd. However, the landlord cannot charge a late fee until the rent is five days late. A grace period does not change the due date.

If you pay your rent when it is due, then she'll have no reason to charge a late fee, legally, illegally or any other way.

 

[FarmerJ]

Ok so here is what you do ,since you wish to call the LL out on this issue , when the LL notifies you that you owe late fees ,, send to the LL a written on real paper letter telling the LL you refuse to pay it and quote the statute , keep a copy of the letter for your records stapled to your postal receipt from sending the letter via certificate of mailing or confirmed mail delivery.

 

[STEPHAN]

So yes, the lease says its due on the 1st, but because the state mandates a five day grace period, a rent payment cannot be considered late until the 6th.

No, that is not what the law says. You are still late, even if the the LL can not charge late fees.

 

[Gail in Georgia]

Once again, THIS is why many landlords do not include late fees in their leases. To do so often leads to a misconception on the part of the tenant that they can hold off paying the rent until (in this case) the sixth day of the month.

Your so-called "grace" period is ONLY to AVOID any late fees. Rent is still due on the first day of each month and the landlord is legally able to begin the eviction process on the second day of the month if rent has not yet been received.

Gail