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Residential Lease Agreement in Florida states: "The rent…

Customer Question
Residential Lease Agreement in Florida...
Residential Lease Agreement in Florida states:
"The rent is due in advance ON OR before 1st day of each month"
and also states:
"If the rent are not recieved by the Landlord ON OR before 5 days after the rent due date , Tenant must pay a late fee"
If the tenant did pay on 6th day of the month , is that considered late and late fee is due according to above two sentances of the lease agreement ?
Thanks,
Nik
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
2/29/2012
Lawyer: JBaxLaw, Attorney replied 6 years ago
JBaxLaw
JBaxLaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 11,396
Experience: Experience representing both landlords and tenants.
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AttorneyJohnJ : Hello, Please click the ACCEPT button, even if you have placed a deposit or are on a subscription plan.
AttorneyJohnJ : The langauge states that rent is due on the first day of the month. If rent is not paid on the fifth day, a late charge will be be charged.
AttorneyJohnJ : It appears that you understand this information.
AttorneyJohnJ : Please let me know if you need any other information
AttorneyJohnJ : Please note, nothing herein is intended as legal advice, no legal advice is being provided, no attorney-client relationship will be established and only general information is provided so that you may analyze your situation.
AttorneyJohnJ : Please feel free to ask follow-up questions. Please be so kind to leave me a positive feedback rating.
JACUSTOMER-va02fkz3- :

What my consern is that it states ON OR before 1st day of the month which makes 1st day ok .

AttorneyJohnJ : When a document states a requirement is due on or before it means that it is permissible to pay on that day. For example, on or before the 3rd day would indicate it is permissible to pay a bill on the 3rd day.
JACUSTOMER-va02fkz3- :

But than states ON OR before 5 days which makes you think you can start counting 2nd as the first of these 5 days after and making the 6the day of the month actually the 5th day after the first day> I am confused.

AttorneyJohnJ : No. Where a due date is on the 1st you count from that date. Ignore the "or before."
JACUSTOMER-va02fkz3- :

refering to the initial question and conditions - rent paid on the 6th is late

AttorneyJohnJ : Where rent must be paid on or before the 5th, rent paid on the 6th day of the month or later would be late.
AttorneyJohnJ : Please note, nothing herein is intended as legal advice, no legal advice is being provided, no attorney-client relationship will be established and only general information is provided so that you may analyze your situation.
JACUSTOMER-va02fkz3- :

We established the due day is 1st of the month but second part I still can not understand. ON OR before 5 days after due day

JACUSTOMER-va02fkz3- :

"After due day" means you start after 1st ( 2nd been the first counted ) or you include 1 st ?

AttorneyJohnJ : It is typical for rent to be late if not paid by the 5th day after it is due.
AttorneyJohnJ : In such a situation, the landlord will apply a late fee if the rent is not paid by the end of day 5.
AttorneyJohnJ : Well written lease language would use the calendar date such as the 1st and the 5th.
AttorneyJohnJ : Do you have any other questions?
AttorneyJohnJ : Thank you again
AttorneyJohnJ : Please remember that we receive no credit for assisting you if you do not accept the answer, so please do not forget.
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