Failure to Pay Rent

Unless the lease specifically states otherwise, a tenant has the entire day on which the rent is due to make payment of the rent, as well as any lease-negotiated grace period. If you know in advance of the due date that you are unable to pay your rent on time, contact your landlord immediately.

You may be able to avoid a breach of the lease if the landlord allows you to pay by a mutually agreed-upon date after the due date. Your landlord might be reasonable about a short delay as long as you are open with him/her from the beginning.

However, keep in mind that the landlord is under no legal obligation to wait before s/he takes action against you, unless the lease provides for set procedures and cure times when you are late with the rent. If your landlord chooses not to continue the lease, then s/he must file a complaint against you in court and seek to have the court issue an order declaring that your lease and occupancy of the space are terminated.