Rent due on a weekend

[STEPHAN]

Florida. My tenant and I have different opinions about rent being due on a weekend. Our contract has no special clause about this. The tenant says that it is law in FL that the rent is not due on a weened. I can not find anything in google.

Do you have any idea?

 

[Zigner]

Florida. My tenant and I have different opinions about rent being due on a weekend. Our contract has no special clause about this. The tenant says that it is law in FL that the rent is not due on a weened. I can not find anything in google.

Do you have any idea?

Accept the rent on the following business day.

 

[STEPHAN]

Sure. But that is not the question.

 

[Zigner]

Here's the thing: You (the LL) can decide that rent MUST be paid on Saturday if that is the day of the month the due date falls on. If the tenant doesn't pay, then your option for enforcement is to issue a 3-day notice. The first day you could issue that would be Sunday, but Sunday doesn't count in 3-day calculation. So, if the tenant was going to pay Monday ANYWAY, what's the point?

ETA: For practical purposes, the correct thing to do (as a business-person) would be to accept the rent on the next business day.

 

[STEPHAN]

Thanks for your answer. However this was not a business question. Sure I do take the payment on Monday.

This was just a pure legal question.

Tenant point out that this is FL law. I just had never heard of it.

 

[Zigner]

Thanks for your answer. However this was not a business question. Sure I do take the payment on Monday.

This was just a pure legal question.

Tenant point out that this is FL law. I just had never heard of it.

The tenant may be confusing the 3-day notice requirement (to not count weekend days) with the rent due date requirement. If your rental contract doesn't specify, then I suspect (but have nothing to confirm my suspicion) that a court would side with the tenant that the rent would be due on the following business day.

 

[FarmerJ]

In the time being let your tenant know that you expect them to find the statute number for what they claim or its entirely possible that your next lease will address this issue and that may well mean you removing any so called grace period (if there is one in the lease ) Keep in mind that there is not much to stop you from writing into your leases exact due dates for the whole year , so say a lease that started on Jan 1 1015 then there is no reason your lease could not spell out that Feb rent is due by Friday Jan 30 or a late penalty applies (since 2-1-2015 is a Sunday) and then March rent would be due on Friday Feb 27 to avoid a late fee (sun march 1) and right on thru the entire term of the lease spelling out due dates so that way should the first fall on a Saturday or Sunday or Holiday your lease will have already set due dates and there cant be any question from a tenant as to when its due.