When is Rent Due (Usually) – Understanding Common Guidelines

Last updated December 18, 2024

Understanding the basics of rental property can send people down a rabbit hole of confusion sometimes. Some things are supposed to be clearly outlined in a rental agreement, while other times it is the local or state government that might dictate what can and can’t be done. Sometimes a simple question like “when is rent due” can result in a lot of questions. That’s why it’s nice to hear from property experts who know the ins and outs of these types of topics.

As one of the premiere apartment management companies in Atlanta, we get these kinds of questions often. And we know that people just want clear answers and a concise explanation of what to do in certain circumstances. If rent needs to be due at a certain time, and you’re late, what are your options. Here we will break it all down.

Table of Contents

Overview of When Rent Is Due Guidelines (Georgia and Other States)
For Landlords – What If a Tenant Can’t Pay On Time
Tips for Tenants If They Can’t Pay Rent On Time
For Landlords – How Property Management Could Help

Overview of When Rent Is Due Guidelines (Georgia and Other States)

First and foremost, a tenant needs to pay their rent on the date stated on the lease and agreed upon by both landlord and tenant. What exactly is in that lease agreement might be partially dictated by local and state laws. Landlords and property managers should be sure to be informed about those before the lease agreement is created and everyone has signed it.

Calendar mark with words Pay Rent, so when is rent due exactly? No statute in Georgia specifies when rent should be due. So if you’re asking when is rent due, there isn’t one simple answer. Below are some details regarding other neighboring states that have at least some specifications on what can be done regarding rent. Unless the rental agreement says otherwise, rent is often due on the first of the month.

The language of the lease should also state the form in which the rent is to be paid to the landlord. If the lease does not state that rent can be paid by check, the landlord can require the tenant to make payment in cash.

A grace period might be involved. There is no law that says there must be an agreement that allows the tenant extra time to pay the rent without breaching the lease, but it is common in many leases.

Georgia and Other State Guidelines

Georgia – There are no rent due guidelines or statutes.
Alabama – Rent is due on the due date (no grace period). § 35–9A-161(c)
South Carolina – Rent is due on the due date (no grace period). § 27–40–310(c)
Florida – Rent is due on the due date (no grace period). § 83.46(1)

For Landlords – What If a Tenant Can’t Pay On Time?

Landlords need to know what to do in these situations as well. Ultimately, they want to be fair. However, a lease is a contract that needs to be followed through by all parties. What should the repercussions be when rent is due and the tenant’s payment is nowhere to be found? Let’s go over some general tips and a general timeline of what you might do when the rent is late. This can also help tenants if they want to know what to expect from their landlord.

Check Your Lease Documents

The first thing you can do is look over your lease agreement thoroughly. Make sure the tenant is actually late! There are all kinds of reasons why you as a landlord may be remembering things incorrectly. While you may be asking “when is rent due” for them, you may have forgotten that maybe you changed the process and timing at a certain point.

Also, check the lease to confirm whether you stated if there is a grace period. While many states don’t legally require grace periods, most leases contain a clause giving tenants a three or five-day grace period. Check to see what was stated in the original lease. You are bound to the provisions agreed upon in the lease (and by local and state statutes) regarding not only a grace period but also the sort of extra fees you can charge.

Usually the lease will specify a late fee. If it doesn’t, you can’t retroactively charge one. So, always make sure the lease specifies details on those sorts of things.

Per Georgia law, a late fee can be charged in this way:

An owner may charge and collect a fee from an occupant for the late payment of rent that is to be paid under a rental agreement. Such fee shall be no more than $20.00 per month for each month there is a late payment of rent or 20 percent of the monthly rent for each month there is a late payment of rent, whichever is greater.

Send a Late Rent Notice

The next step you can take is to serve the tenant a late rent notice. This is a letter reminding the tenant that the rent is past due. They might also be asking the question when is rent due. A late rent notice should include a list of all the fees that are owed and a warning about the next steps, including any legal action you might take.

Communicate

Calling the tenant before this all begins would be a good idea. Find out what’s going on and what can be done before or after the late rent notice is served. However, it is recommended to do this just once to avoid accusations of harassment (which is illegal). The phone call serves a similar purpose as the rent late notice, but with the added benefit that you’ll be speaking to the tenant in person.

Send a Pay or Quit Notice

This is a more legal document than the late rent notice. It is the official first step in the eviction process. It shows the tenant you’re serious about pursuing action.

Take Legal Action

If all else fails and the tenant still doesn’t pay, consult with an eviction lawyer and proceed based on local laws and regulations. As soon as possible and it is legally justified, file a tenant-landlord complaint in court. The entire process can take months, and in many places, it is illegal to evict a tenant until all court proceedings are over, so move swiftly through each step.

Tips for Tenants If They Can’t Pay Rent On Time

As a tenant, it would certainly help to know not only when is rent due but what to do if you are late and have to deal with the aftermath. Understand that it is possible to work with your landlord to get through the situation amicably. Here are some tips.

Tell Your Landlord (Early) – If you’re going to be late paying your rent, it helps to give your landlord a heads-up. Telling them that you may be late gives them an opportunity to make their own adjustments to their own mortgage or payments. Ultimately it shows that you are trying to work with them in good faith.
Be Flexible – If you know when is rent due and you realize it will be late, try to be accommodating when you tell your landlord. Apologize to them, show that you understand your obligations, and try to negotiate a plan to move forward.
Negotiate a Payment Schedule – If you can possibly pay part of the rent or pay on a later date, you could try to offer to pay your landlord in installments throughout the month or otherwise create a payment schedule.

For Landlords – How Property Management Could Help

These situations are tricky. If someone is asking “when is rent due” then it could mean all kinds of issues, both for landlord and tenant. Running a successful rental property business means handling all sorts of situations like late payments, negotiations, and even evictions. Many people take advantage of services so that they can get help managing all these crazy (and oftentimes legally dicey) situations.

Why not choose a stress-free alternative to resolving tenant issues? Let someone else take care of it for you! Services with Bay Property Management Group include full service and customer-focused property management in Atlanta, Boston, Baltimore, Virginia, and elsewhere. So, find out how we can resolve your tenant issues or help get the most out of your investment by giving us a call today.