Use of Grace period (NJ) - Landlord Forum thread 336827

Use of Grace period (NJ) by Anonymous (NJ) on July 1, 2015 @19:21

In NJ, no late fees are applied if paid by day 3 after rent is due. This means if rent is due on 1st, Tenants can pay by 3rd without late fees. One of my T says she will never pay bf 3rd. This is a new T and is her II month. Can it be considered habitual late payment? i m not planning to take any action but if she comes under any other violation, can I bring this up?

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Re: Use of Grace period (NJ) by jannie (IL) on July 1, 2015 @19:45	[ Reply ]

I don't know the answer to the question, but with an attitude like that from the tenant from the beginning I would already be anticipating trouble.

Re: Use of Grace period (NJ) by Anonymous on July 1, 2015 @20:31	[ Reply ]

Found this on the Nolo.com web site: New Jersey Rules on Late Fees Rent is legally due on the date specified in your lease or rental agreement (usually the first of the month). If you don’t pay rent when it is due, the landlord may begin charging you a late fee. Under New Jersey law, landlords must wait five days before charging a late fee, but only when the premises are rented or leased by senior citizens receiving specified benefits, such as Social Security, or by recipients of other specified government benefits, such as Social Security Disability. So it looks late rent is late on the 2nd. Serve her with a Pay or Quit notice.

Re: Use of Grace period (NJ) by Anonymous on July 1, 2015 @20:34	[ Reply ]

I found nothing about a 3-day grace period. Where did the info come from?

Re: Use of Grace period (NJ)

Re: Use of Grace period (NJ) by Garry (Iowa) on July 1, 2015 @22:03	[ Reply ]

If any state has a minimum grace period in their LL/T codes, or if any LL has a grace period in their OWN lease, then no T is "late" until the grace period is up. I give my Ts 2 days grace period-----rent is due on the 1st, they have the 2nd and 3rd to get it to me, and I charge a $12 late fee , per day, starting on the 4th, with a max of $60/mo----(the 12/60 is max by Ia law.) Check your mortgages-----many of them give us owners a 14-15 day grace period, before they charge us a late fee.

Re: Use of Grace period (NJ) by Anonymous on July 1, 2015 @22:35	[ Reply ]

why are you looking for a problem that has not happened? when your tenant is ever late, just apply your late fee. The tenant has only been there two months, how can that be a habitual payment issue?

Re: Use of Grace period (NJ)

Re: Use of Grace period (NJ) by VinFL on July 2, 2015 @11:47	[ Reply ]

It sounds like you are looking for ammunition against the tenant. Unless they have already done something that may violate the lease, that's a rather poor perspective to take. Tenants are not your enemy, they help put food on your table. This is how we did it when I lived in Wisconsin: The tenant's rent is due on the first, but they have a 5 day grace period. If they pay by the 5th, no late fee is applied and it is considered on time (this is the company's policy). If rent is paid on the 6th or later, a late fee is applied and a pay or quit notice to pay or quit is sent that denotes the total amounts due. That is it. Here is another way to think about it: When they pay late, they have to pay a late fee. That is more income for you. If paying late is not a big deal for your tenants, then you might consider raising your late fee if you can. If a tenant were to tell me that they could never pay on time (and they had already moved in), I would take the time then and there to explain the process, the costs involved, and the impact it would have on their rental reference after they have moved. I would nicely, but strongly suggest they make an effort to pay on time.

Re: Use of Grace period (NJ) by Sara on July 2, 2015 @19:42	[ Reply ]

Basically, A tenant who frequently pays within the grace period is not calculated in determining whether a rent payment is habitually late.