Walk It Through: The Late Rent
Nothing until five days late, a forfeiture 10 days after a demand, and a capped fee when the case is dismissed.
A tenant loses shifts at work and pays the rent a few days late, and the landlord adds a late fee.
Two things a person in this spot might do. Picking one shows what the law says about it.
One apartment and one late month. The court appearance and second trial fees, attorneys' fees, and subsidized rent are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Notice to quitThe notice ending a periodic tenancy: seven days for month to month, two days for week to week, and one month or more before the end of the year for year to year.
- Summary ejectmentThe court procedure by which a landlord removes a tenant, available after a demand to surrender the premises, when the tenant holds over, breaks a lease term that ends the tenancy, or deserts the premises behind on rent.
- Late feeA charge allowed only when rent is five calendar days or more late; for monthly rent it cannot exceed $15 or 5 percent of the rent, whichever is greater.
- Small claimA civil action of up to $10,000, seeking mainly money, the return of property or summary ejectment, assigned to a magistrate.