FSS Newsletter :: January 2003

Money Matters :: Why Does My Landlord Expect the Rent Paid Every Month Without Exception?

Many tenants resent paying their rent every month. Aside from the financial burden, they believe that their hard-earned cash is nothing but pure profit
for their greedy, rich landlord. Unfortunately for the landlord, that is rarely the case.

While knowing where your money goes will not ease the financial pain that paying rent often inflicts, it may ease the emotional resentment. Your landlord likely spends your monthly rent as follows: 20 percent is paid in taxes, 65 percent is paid to the bank for the mortgage on the property, and 12 percent is spent on costs and upkeep on the rental unit. Probably only 3 percent of your monthly rent is considered profit. If your rent is $500 a month, that means that only $15 is your landlord’s actual profit. So, have some compassion, if at all possible. When you are late with your rent, the bank may be breathing down your landlord’s back and he may be cranky for a reason (although he may just be cranky altogether).

Payment of rent
Paying rent is the first and foremost duty of any tenant. Excuses do not pay the mortgage, nor do bounced checks. Irresponsible roommates are not a reason not to pay rent, and neither is the need to buy a new mountain bike. The only reason a tenant even lives in the house or apartment, which is owned by the landlord, is because he promised to pay rent. Failure to pay rent in full consistently and on time will get you evicted. Paying rent is the first and foremost duty of any tenant.

Rent is normally paid monthly and is due on the first of every month, although a landlord and tenant can actually agree to any arrangement that they want. If you get paid on the fifth of every month, there is nothing preventing you and your landlord from agreeing to your rent being paid on the sixth. Some landlords want rent paid every two weeks. This too is legal. If the day for paying rent falls on a weekend or a holiday, then it is typically legally permissible to pay it on the next business day. Note that while many landlords offer a three- to five-day “grace period” for paying rent, they are not required by law to do so.

Similarly, if you bounce a check to your landlord, he is not required to charge you a bounced-check fee and continue the relationship. Some landlords simply begin eviction proceedings (since a bounced check means that rent has not been paid), especially if there is a pattern of bounced checks. A tenant must pay rent—it is as simple as that. Here’s a good tip if you know you are going to have a difficult time paying rent one month: tell your landlord about your situation, and offer to make a partial rent payment.

That is far better than possibly bouncing a check and hoping for the best. It is always far better to treat your landlord with respect, communicate well, and try to get along with him than to be pain in the neck. You will find that your landlord will be far more willing to work with you when needed if you are a good tenant and normally pay your rent on time. If your landlord does agree to accept a partial rent payment one month, get the agreement in writing.

The Important Legal Concept to Remember: Renters must pay rent; nonpayment is rarely excused.