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Re: Rent Late Fee?
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Home away from home
 
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It is pretty clear from the statutes that the grace period only applies to specific recipients of government money; which is news to me (and kind of odd).
Given that the original poster pays their rent on time and the banks aren't open until after the holiday, I second that their landlord is a huge douchebag. I always pay my rent on time but it's likely that a few times I paid it on Sunday night when I was away for the weekend and it was the 2nd. A while ago my landlord needed me to pay a few days early and I happily did it. As in all relationships, what comes around goes around and I hope the original poster can find a better deal with a better landlord when their lease is up. Quote:
Posted on: 2007/9/12 0:59
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Re: Rent Late Fee?
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Home away from home
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OK, understood...
The exemption applies to those collecting SS or SSI regardless of age. I wasn't sure if the youngsters got in on it. Now what determines the DATE? The postmark? The date of receipt? I guess if there is regular quibbling the landlord will wind up in court at some point. Judges are usually ISSUE ORIENTED as in: "Did you get the rent?" "Yes!" "Then why are we all here?"
Posted on: 2007/9/5 21:12
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Re: Rent Late Fee?
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Home away from home
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I would just ignore her demands for a late fee assuming you put the check in the mail Tuesday.
Posted on: 2007/9/2 23:37
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Home away from home
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No, the "5-day extension" also applies to those "...who are recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey." Joe six pack is NOT covered either under the original ruling OR the amendment detailed below and only those provisions of your lease that stipulate late fee charges are in effect. http://www.judiciary.state.nj.us/legis/2001c142.pdf ADMINISTRATIVE OFFICE OF THE COURTS STATE OF NEW JERSEY RICHARD J. WILLIAMS, J.A.D. P.O. BOX 037 ADMINISTRATIVE DIRECTOR OF THE COURTS TRENTON, NEW JERSEY 08625-0037 (609) 292-8553 DAVID P. ANDERSON. JR. FAX (609) 777-0551 DIRECTOR OFFICE OF PROFESSIONAL AND GOVERNMENTAL SERVICES July 12, 2001 To: Assignment Judges From: David P. Anderson, Jr. Subject: P.L. 2001, c.142 (S-1679) - Clarifies and extends grace period for payment of rent for certain individuals On July 10, 2001, Acting Governor DiFrancesco signed S-1679 into law as P.L. 2001, c.142. The new law was effective July 10, 2001. Attached is a copy of the law for your information. Under current law, senior citizen lessees who are receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions and who are required to pay rent by the first of a month are granted a five-day grace period during which no late charge may be imposed. The new law clarifies that the five-day grace period does not include Saturdays, Sundays, or State or federal holidays. Additionally, the law extends application of the grace period to lessees who are recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey. Kindly advise appropriate staff of this new law. Please contact Jane Castner, Assistant Director, AOC Civil Division at 609-292-8470 if you have any questions regarding Chapter 142. /dp attachment c: Richard J. Williams Civil Division Judges Theodore J. Fetter Directors Assistant Directors Clerks of the Court Trial Court Administrators Civil Division Managers Quote: http://www.njleg.state.nj.us/2000/bills/pl01/142_.htm
Posted on: 2007/9/1 16:37
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Re: Rent Late Fee?
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Home away from home
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I had understood the 5-day extension law as pertaining only to those of Social Security age (not sure if SS disability counts.)
Reading the excerpted sections of the act it seems that is also what they are attempting to say. I must say, the law is VERY clumsily worded. 1. Who would say ALL people are protected, and then add 2. Only seniors are protected. I think my former understanding remains correct...only seniors. In this month therefore, "regular"  people must pay by September 4th (the first business day) and seniors get to wait until September 11th.
Posted on: 2007/9/1 16:16
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Re: Rent Late Fee?
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Home away from home
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As a landlord, I say yours is a douche, regardless of the law. A little grace and good faith is what makes for good landlord-tenant relations, and your landlord is antagonizing a good tenant for no reason at all, since the next banking day is Tuesday.
Posted on: 2007/9/1 15:53
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Quite a regular
 
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I located this on the NJ.gov site, but I still wonder if the grace period is only for senior citizens or people receiving pensions?
2A:42-6.1. Grace period for payment of rent 1.A person to whom rent is due and payable on the first of the month upon a lease or other agreement shall allow a period of five business days grace in which the rent due shall be paid. No delinquency or other late charge shall be made which includes the grace period of five business days. As used in this section, "business day" means any day other than a Saturday, Sunday or State or federal holiday. L.1976,c.100,s.1; amended 2001, c.142, s.1. 2A:42-6.2. Violations; disorderly persons Any person violating the provisions of this act shall be a disorderly person. L.1976, c. 100, s. 2, eff. Oct. 7, 1976. 2A:42-6.3. Applicability of act 3.The provisions of this act shall only be applicable to premises rented or leased by senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions or other governmental pensions in lieu of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey. L.1976,c.100,s.3; amended 2001, c.142, s.2.
Posted on: 2007/9/1 15:06
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Re: Rent Late Fee?
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Quite a regular
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Missa thanks for your response. I haven't had any trouble paying rent and have always paid on time, but I left for the long weekend and forgot to put the check in the box before I left. I emailed the land lord and she said that since today is the 1st and because the earliest I can put the check in the box is Monday, I would have to pay the late fee. Seems kinda harsh since it is a long weekend and the the banks won't be open until Tuesday anyways, at which point she will have my check along with everyone else's.
I did find this though.... P.L. 2001, CHAPTER 142, approved July 10, 2001 Senate, No. 1679 (First Reprint) 1 AN ACT concerning the five-day grace period for the payment of rent 2 by certain renters and amending P.L.1976, c.100. 3 4 BE IT ENACTED by the Senate and General Assembly of the State 5 of New Jersey: 6 7 1. Section 1 of P.L.1976, c.100 (C.2A:42-6.1) is amended to read 8 as follows: 9 1. A person to whom rent is due and payable on the first of the 10 month upon a lease or other agreement shall allow a period of [5] five 11 business days grace in which the rent due shall be paid. No 12 delinquency or other late charge shall be made which includes the 13 [5-day] grace period of five business days. 14 As used in this section, "business day" means 1[means]1 any day 15 other than a Saturday, Sunday or 1State or federal1 holiday. 16 (cf: P.L.1976, c.100, s.1) 17 18 2. Section 3 of P.L.1976, c.100 (C.2A:42-6.3) is amended to read 19 as follows: 20 3. The provisions of this act shall only be applicable to premises 21 rented or leased by senior citizens receiving Social Security Old Age 22 Pensions, Railroad Retirement Pensions or other governmental 23 pensions in lieu of Social Security Old Age Pensions, and 1[premises 24 rented or leased by disabled persons]by recipients of Social Security 25 Disability Benefits, Supplemental Security Income or benefits under 26 Work First New Jersey1. 27 (cf: P.L.1976, c.100, s.3) 28 29 3. This act shall take effect immediately. So is the "grace period" only senior citizens or government employees, or does it also cover me, Joe lunch box?
Posted on: 2007/9/1 14:59
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Re: Rent Late Fee?
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Just can't stay away
 
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are you having trouble paying your rent?
most landlords are flexible, especially with the holiday weekend. i know that i send my rent into my landlord's office. he probably won't see or think about the check until tuesday or wednesday, then wont deposit until he has the majority of the checks (he owns about 25+ properties) anway, what i am getting at here is communication is the best policy. if you have to be a few days late, why not talk to the landlord? most seem to use the late fee as a last resort, and not a fast rule. better that you can consistantly pay your rent timely, than they squeeze you for that extra amount, possibly messing up your entire budget....
Posted on: 2007/9/1 14:49
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Quite a regular
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I saw this on another site...
Making Rent Payments in NJ: There is a 5 day grace period for rent payments before a late charge may be assessed. See - 46:8-19 Trying to figure out where I can find 46: 8-19 and find the exact wording....
Posted on: 2007/9/1 14:28
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Rent Late Fee?
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Quite a regular
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Does anyone know the specific location of where it says in the law, that a landlord must give a couple day grace period when it comes to accepting rent before they can charge a late fee (Especially when rent day falls on a holiday weekend!)? I saw the general statement on this website...
http://www.lsnjlaw.org/english/placei ... terfour/index.cfm#payment "The law states that a landlord must allow a tenant a period of ?five business grace days? to pay the rent. If a tenant pays the rent in the five-day period, the landlord may not charge a late fee. In counting the five business days, do not include Saturday, Sunday, or a national or state holiday." Is that true, and if so where can I find the exact legal text? Thanks guys and gals! http://www.lsnjlaw.org/english/placei ... terfour/index.cfm#payment
Posted on: 2007/9/1 14:17
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