If your rent is due on the 1st of the month

[madinmaryland]

and you pay it either on the 2nd or 3rd of the month, can the landlord threaten to take you to court? The threatening took place on the evening of the 1st?

I have always had a few days grace period, though most often pay it on or before the first of the month.

:shrug:

[Tyrone Slothrop]

1. All depends on your lease, local and state laws

I think you typically have a 5-day grace period -- but that might just be in NYC.

[MrCoffee]

2. check your lease...

there's sure to be a clause regarding late payment.

He can threaten all he wants.

[ScreamingMeemie]

3. They would have a very, VERY hard time gaining the sympathy of

the court. I was in the courthouse once when this asshole landlord was trying to evict a couple and their young baby (the case was for retention of the security deposit) because they were 12 hours late with the rent.

[Kire]

5. What a d*ck!

[madinmaryland]

11. Yes.

And his wife is an attorney

[mainegreen]

4. In maryland it's based on local county/city laws.

Some have grace periods of 5 days where no late fee may be charged. I think state wide the late fee can never be more than 5% of total monthly rent.

[anarch]

6. sure, they can threaten you until they're blue in the face, if they want

That won't change the terms of your lease, however. Sounds like a real asshole to me.

[madinmaryland]

7. Well what I find bazaar, is that

it is written in the lease. The only thing the harrasment accomplished was upsetting my wife. She will not let the man in the house now if she is alone. I don't know if he was drunk or is just that way.

[grasswire]

16. why would he be in the house??!!

Most rental laws require that the landlord issue a 24-hour notice if he intends to enter the property. Check that part of your lease, too. It's frightening if he just shows up and intends to enter, IMO. Yikes.

[cwydro]

8. I've lived in

NC, SC, and Florida...always there has been a 5 day grace period...usually written into the lease.

But I agree with the poster that said what a d**k!

[meegbear]

9. From the MD AG's office ...

Do I have a grace period for late rent payments?
Your lease may give you a certain period of time (for example, five days) before a late fee is assessed. However, a landlord may legally begin eviction proceedings as soon as your rent is late.

Can a landlord evict me just by telling me to leave or else he will put my things on the street? No, a landlord must go to court to get a judgment against you first.

You may want to check this out:

http://www.oag.state.md.us/Consumer/landlords.htm

[Gormy Cuss]

10. Your landlord can threaten to begin eviction proceedings immediately

and can in fact start proceedings when your rent is a day late unless the lease specifically says otherwise. Usually the grace period in the lease dictates the amount of time you have to pay before a late fee is assessed, not when the owner may begin eviction proceedings. The Attorney General's office in your state probably has info for consumers on rental terms.

I agree with others though that your landlord is a jerk if he tried to intimidate you or your wife on the evening of the 1st.

[bicentennial_baby]

12. Depends on your lease and the landlord...

We're pretty lucky (knock wood), as our landlords like us, and give us a few days (about 5) to pay up every month. When we moved from their other bldg to this one, they let us move in a month early, and didn't charge us the newer higher rate until after that month, as they wanted us to move a.s.a.p. (they needed the old one for a new tenant).

[madinmaryland]

13. Most are that way. They don't want to have to

go looking for new tenants again when the already have them. Unless they are assholes.

I don't think we are that. Still unpacking.

:shrug:

We already had signed the lease when we saw their SUV's plastered with "Support the troops, Support our President"

:puke:

[SoCalDemGrrl]

14. Most have a 3 day grace period, but check your rental agreement

[Ediacara]

15. Read your lease

They may indicate you have a grace period. Or maybe not. There should be a punishment listed for late rent like a fee. I highly doubt they've exhausted all they're obligated to do.

[Skittles]

17. check your lease and if there is no grace period at all

get out of that place; that is simply unreasonable....every apartment I have ever lived in had a minimum of a three day grace period and even worked it out with me when I was young and stupid and late once since I otherwise had a spotless recrord

[ganeshji]

18. It sounds like he has a major issue

and sadly if you are already having this kind of trouble it's a pretty good indication that this will not be the only thing that your landlord will be a d**k about. My landlord lets us slide for five or six days before he even calls, and he has let me be late paying the late charge before. Memorize that lease and by all means don't let him in your place that you pay for. Good luck.

[madinmaryland]

19. Thanks!!

Since we plan on staying for a while, we will follow the lease to the exact letter. Also, now that we have gotten to know their tactics that will be what we do.

:shrug:

[Deep13]

20. In Ohio unless the lease says otherwise, being a minute late...

...is legal grounds for eviction.

[Nye Bevan]

21. Lots of MD-specific information here...

http://www.peoples-law.org/housing/ltenant/legal%20info/failure%20to%20pay%20rent.htm

Most relevant paragraphs seem to be:

At any time before the actual carrying out of the eviction order (i.e., before the tenant's goods are removed), the tenant has the right to remain in the leased premises by giving cash, a certified check, or money order to the landlord or his agent to cover all past due rent and late fees, plus court-awarded costs and fees.

However, the tenant's right to stop the eviction (redeem the premises) at any time before the eviction order is actually carried out, is not available if 3 or more judgments of possession for rent due and unpaid were entered against the tenant in the 12 months prior to the beginning of the pending eviction action.