When Is Rent Considered Late? Grace Periods & Due Dates Explained (2025)
This page focuses on when is rent considered late and related questions. Use the calculator or state pages to compare limits and timing.
Last Updated
December 6, 2025
RentLateFee Legal Team
Property Law Specialists
Our team researches and verifies state-specific rent timing regulations to help tenants and landlords understand payment deadlines.
Legal Citations
5 state statutes cited
Legal References:
Maine: 14 M.R.S. § 6028
Connecticut: Conn. Gen. Stat. § 47a-15a
Oregon: ORS 90.260
Delaware: 25 Del. Code § 5501
Colorado: C.R.S. § 38-12-102
Quick Reference: When Is Rent Late?
Due Date
Usually the 1st of the month
Rent is technically late on the 2nd
Grace Period
Typically 3-5 days
No fees during this time
Fees Begin
Day after grace period ends
Example: 6th if 5-day grace period
Calculate Your Late Fee
If your rent is already past the grace period, see exactly how much you might owe in late fees based on your state's rules.
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Common Questions
- When is rent considered late?
- Rent is considered late the day after your due date, but late fees typically can't be charged until after any grace period ends. For example, if rent is due on the 1st with a 5-day grace period, rent is technically late on the 2nd, but late fees can only be charged starting on the 6th.
- Is rent late on the 2nd of the month?
- If your rent is due on the 1st, then technically yes—rent is late on the 2nd. However, if you have a grace period (which most leases include), you won't owe late fees until after the grace period ends. A 5-day grace period means no fees until the 6th.
- What is a typical grace period for rent?
- The typical grace period for rent is 3-5 days. Some states mandate specific grace periods: Maine requires 15 days, Connecticut requires 9 days, and Delaware requires 5 days. Many landlords voluntarily offer 5-day grace periods even when not required.
- Does paying rent on the 5th make it late?
- It depends on your due date and grace period. If rent is due on the 1st with a 5-day grace period, paying on the 5th is still within the grace period—no late fees apply. If there's no grace period, the 5th is 4 days late and fees would apply.
- Can my landlord charge a late fee on the day after rent is due?
- Only if your lease has no grace period AND your state doesn't mandate one. Most states with mandatory grace periods (like Oregon's 4 days or New Jersey's 5 days) prohibit charging fees until after the grace period ends.
- Does a weekend or holiday affect when rent is considered late?
- Generally no—grace periods include all calendar days (weekends and holidays). If the grace period ends on a Saturday, rent must be received by Saturday. However, some leases extend the deadline to the next business day if it falls on a weekend or holiday.
- Is mailing rent on the due date considered on time?
- Usually no. Most landlords consider rent late if not received by the due date, regardless of when mailed. Some leases accept postmark dates, but this is uncommon. Mail rent at least 5 days early to ensure timely arrival.
- What time of day does rent become late?
- Most leases consider rent due by midnight on the due date. If you pay electronically at 11:59 PM on the due date, it's on time. Some landlords specify a business hours cutoff (like 5 PM), so check your lease.
- Can a landlord waive the grace period?
- In states without mandatory grace periods, yes—landlords can eliminate grace periods in the lease. However, in states with mandatory grace periods (Maine, Connecticut, Delaware, etc.), landlords cannot waive or shorten them regardless of lease terms.
- Does ACH or bank transfer count as on-time if initiated on the due date?
- It depends on your lease terms. Most consider the initiation date as the payment date, so initiating an ACH on the due date counts as on time. However, some landlords require funds to clear by the due date—check your specific lease.