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Is my rent late if NOT paid on the 1st? Is a grace period only applicable if written in the agreement?

San Diego, CA |

California, month to month tenant, less than 1 year, agreement states rent is due on or before the first of each month. There is no written grace period in the agreement. Am I in default on the second if it is not paid on the first?

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Attorney answers 2


yes! Grace periods are terms in a rental agreement whether written or oral. If the agreement is that rent is due on a day certain then rent is due on that date and late if paid after that date

Mr. Freitas is an attorney licensed in the State of California. The answer provided here is general information and not intended to be specific legal advice. There is not attorney client relationship created by Mr. Freitas' answering any question on this website.


Yes, rent is considered "late" if not paid on the date set forth in the lease or rental agreement. Therefore, you are in default even if you are only one day late in payment of rent that month. You are not entitled to a grace period.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.



Thank-U! My history is that I have paid on the 5th with no 3 day notice to pay or quit from the landlord, does that hold up as the oral agreement as we did agree to this orally?

Frank Wei-Hong Chen

Frank Wei-Hong Chen


No, the written agreement still controls.

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