Is it illegal if I am renting for me to be considered late if the due date fell on Sunday in Tennnessee?
My rent was due on the 5th, which fell on a Sunday (a non-business day) so I paid the next day after the business day, and I was considered late as well as charged a late fee that Monday. I live in Tennessee.
Is it true that in Tennessee, and some states that a landlord is not allowed to consider you late or charge you if the rent fell on a non-business day, and you came in to pay it the next day afterwards?
Answers:
It is against the statute in the Uniform Residential Landlord and Tenant Act.
Under the Uniform Residential Landlord and Tenant Act:
66-28-201. Terms and conditions. —
(d) There shall be a five-day grace period between the day the rent was due and the day a fee for the late payment of rent may be charged. If the last day of the five-day grace period occurs on a Saturday, Sunday or legal holiday, as defined in § 15-1-101, the landlord shall not impose any charge or fee for the late payment of rent, provided that the rent is paid on the next business day. Any charge or fee, however described, which is charged by the landlord for the late payment of rent shall not exceed ten percent (10%) of the amount of rent past due.
The landlord cannot compel you to pay the late fee, and you can file a claim against him if you pay the late fee, and want to get it back.
However, the best remedy is to write to the landlord and recite the above-stated code in the letter, explaining that it is unlawful for him to charge the late fee. This should let him know that you are knowledgeable about the law, and he cannot cheat you out of the extra amount of money.
Good luck!
..."generally" there is a "3 to 5" period of "grace" applied of the "due-date" falls on a non-business day, however, technically... it was late... to get some "quality" advise, call the State Attorney Generals Office and find out.
why didn't you pay it on fri or sat? I was born in Tenn but live in minnesota now. I never rented in tenn. you might try asking your landlord.
I live in Tennessee too, and have never actually heard of any laws regarding this one way or the other.
If your rent was due on the 5th, then it was due on the 5th unless you made prior arrangements with the landlord - remember, when you assume, you make an *** out of u and me!
If you have some sort of religious qualms with paying your bills on a Sunday, then you should pay it early.
With that said, they should give you a break - since if you paid by check they wouldnt' be able to cash it until the next day anyway...
I don't know about Tennessee, but in Oklahoma, if your rent is due on the 5th and the 5th falls on a Sunday, I better have my rent in a designated box on that day, even though the office may not be open. If I remit my rent payment on the 6th, I am late, and subject to a late fee.
You need to consult an attorney registered with the State of Tennessee to determine the tenant/landlord laws in Tennessee.
Yes you are still late. There is no protection for you, even on Christmas and New Years.
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