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I signed a lease with the rent due the 1st of the month and late fees due if rent not paid within 5 days of due date. What date can I give a 3 day notice to quit in Ohio
The rent is not past due until after the 5th day of the month.
You serve your 3 day pay or quit on the 6th day of the month if not paid on the 5th.
That's why I never had grace periods in my rental agreements. Rent was due on the first of the month. Late charges began to accrue on the 2d day of the month at the same time I served my 3 day pay or quit notice.
You can give notice the day after the rent was due unless the lease states the grace period also tolls any failure to pay rent. With your provision, late fees can not be charged during and for the grace period if rent is paid by the 5 days, but the failure to pay rent is not bound by that same grace period.
So, if rent was due on the first, under OH law, the landlord can send the 3-day notice on the 2nd. But if the tenant pays on the 5th, the landlord can't start the eviction process because the tenant did comply and pay rent within the 3 days and the landlord can't change any late fees or penalties because the tenant paid within the grace period as the lease allows.
In Ohio, rent grace periods cover only what the lease says it covers. There is no grace period required by the law. There are two parts to grace periods. One is giving a grace period where by the rent itself is not considered late for the purposes of failure to pay. The second is giving a grace period where late fees are not applied. The landlord determines which one or both or none in the lease wording. Nothing requires one to coincide with the other or impose the time period on the other. So a landlord can waive late fees during a grace period but unless the lease says it also tolls the failure to pay rent, they are two separate issues.
I do have a grace period in my leases —rent is late if not paid by the 3rd calendar day following due date. I learned a long time ago to indicate CALENDAR date, as opposed to business day.
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